EXCEPTIIONS OF TORTS OR GENERAL DEFENCES
1. Intorduction:
An act or omission which is prima facie tortuous is not actionable if it is done under some lawful excuse. The plaintiff is required to prove the essential elemenats of tort which the defenddant is alleged to have committed.
2. General Rule:
It is general rule that he who commits tort is a tortfeasor and liable for the commited by him.
3. General Defences or Exceptioins to liability in torts:
(I) iNEVITABLE ACCIDENT:
It means accidents which cannot be avoided by any such precaution as a resonable man doing such act and than therecould be expected to take.
(ii) Act of God:
Where an injury results from natural causes which could not have been foreseen and could not have been avoided by any amount of foresight and care which could reasonably have been expected it may be said to result from an actof God.
(iii) Act of State:
According to Sir James Stephen, act of State is an act which is injurious to the person.
(iv) Statutory Authority:
Statutory Authority Is A Well-Recognized Defence In Cases Where
(v) Quasi Judicial Acts:
Persons exercising quasi-judicial authority are also immune from evilaction provided that they observe the rules of natual justice and statutory or conventional rules concerned.
(vi) Private Defence:
Private defence means every person has right to defend his own property or possessiion against unlawful harm.
(vii) Mistake:
Mistake is usually no defence to liability in tort. Mistake is relevant in some cases of defamation, particularly those publicaion and privilege.
(viii) Judicial Acts:
Persons exercising judicial functions in a court of justice actingwithin its jurisduction or exempt from all civil liability for anything done or said by them in ther judicial capacity.
1. Intorduction:
An act or omission which is prima facie tortuous is not actionable if it is done under some lawful excuse. The plaintiff is required to prove the essential elemenats of tort which the defenddant is alleged to have committed.
2. General Rule:
It is general rule that he who commits tort is a tortfeasor and liable for the commited by him.
3. General Defences or Exceptioins to liability in torts:
(I) iNEVITABLE ACCIDENT:
It means accidents which cannot be avoided by any such precaution as a resonable man doing such act and than therecould be expected to take.
(ii) Act of God:
Where an injury results from natural causes which could not have been foreseen and could not have been avoided by any amount of foresight and care which could reasonably have been expected it may be said to result from an actof God.
(iii) Act of State:
According to Sir James Stephen, act of State is an act which is injurious to the person.
(iv) Statutory Authority:
Statutory Authority Is A Well-Recognized Defence In Cases Where
(v) Quasi Judicial Acts:
Persons exercising quasi-judicial authority are also immune from evilaction provided that they observe the rules of natual justice and statutory or conventional rules concerned.
(vi) Private Defence:
Private defence means every person has right to defend his own property or possessiion against unlawful harm.
(vii) Mistake:
Mistake is usually no defence to liability in tort. Mistake is relevant in some cases of defamation, particularly those publicaion and privilege.
(viii) Judicial Acts:
Persons exercising judicial functions in a court of justice actingwithin its jurisduction or exempt from all civil liability for anything done or said by them in ther judicial capacity.