Defences in Tort

General Defences in Tort

General defences encompass various legal grounds that can negate liability irrespective of the merits of the case. These defences apply across different types of torts and may include:

• Consent: If the claimant consented to the act that caused the harm, the defendant may not be held liable.
• Self-defence: This allows individuals to protect themselves from actual or threatened harm.
• Necessity: The act was necessary to prevent greater harm.
• Illegality: If the claimant was involved in illegal activity at the time of the harm, they may be unable to claim compensation.

Defences in Tort of Negligence

When it comes to the tort of negligence, specific defences can be invoked to challenge a claim. The primary defences include:

• Contributory Negligence: This applies when the claimant is found to have contributed to their own harm through their negligent actions. For instance, if someone slips on a wet floor but was distracted by their phone, their recovery may be reduced.
• Volenti Non Fit Injuria: This Latin term translates to 'to a willing person, no injury is done.' It occurs when the claimant willingly takes a risk. For example, if an individual signs a waiver before engaging in a risky activity.
• Negligence in the Claimant: If the claimant fails to take reasonable precautions for their own safety, this may be used as a defence.

Self Defence in Tort Law

In tort law, self defence is an important concept that allows a person to protect themselves from imminent harm. It is both a defence against tortious claims and a principle that emphasizes the right to self-preservation. Understanding self defence is crucial, as it bridges the gap between tort law and criminal law, often applying in situations of physical confrontation.

To successfully assert self defence as a defence in tort law, several key elements must be satisfied:

• Imminent Threat: There must be an immediate danger requiring self-defensive action.
• Reasonable Force: The force used must be proportional to the threat faced.
• Subjective Belief: The individual must genuinely believe that they are facing a threat, regardless of whether that belief is reasonable.

Defence of Necessity in Tort

The defence of necessity in tort law arises when an individual commits a tortious act in order to prevent a greater harm. This concept underscores the idea that sometimes, breaking a legal duty may be justified when it is necessary to avoid a more significant evil. The defence is classified into two main categories: public necessity and private necessity.

Act of God as a Defence in Tort

An Act of God refers to natural events that are unforeseen and unavoidable, such as earthquakes, floods, or tornadoes. These events can serve as a defence in tort cases, particularly in instances of negligence where an individual could claim that their actions were not the cause of the harm, as it was due to an uncontrollable natural force. For example, if a tree falls on a car during a sudden storm, the owner of the tree may not be held liable if they took reasonable precautions to maintain it yet faced an unforeseen event.

Tort Law Defence Examples

In tort law, understanding defences is essential as they provide methods to counter claims made by plaintiffs. Here are several significant examples of defences used in tort law across various cases:

• Consent - This applies when the injured party has agreed to the action that resulted in harm.
• Self Defence - The use of reasonable force to protect oneself against imminent harm.
• Necessity - Actions taken to prevent a greater harm from occurring.
• Contributory Negligence - A claim that the plaintiff also contributed to their own injury through lack of care.