This document discusses various general defenses that can be raised against tort claims, including act of god, volenti non fit injuria (willingness does not make injury), plaintiff's default, and private defence. It provides details on the essential elements and sample case laws for each defense. The act of god defense applies when damage is caused by natural forces beyond the defendant's control. Volenti non fit injuria is consent by the plaintiff to the harm. Plaintiff's default means the plaintiff was at fault for their own losses. Private defence allows reasonable force to protect one's body or property from imminent threats.

1. welcome

2. Front page

3. Introduction
Tort is a civil wrong which is other than breach of contract and breach of trust. The remedy for torts are
unliquidated damages. When the plaintiff brings an action against thye defendant for a particular tort
providing the existence of all the essentials of that tort, the defendant would be liable for the same. The
defendant may, however, even in such a case, avoid his liability by taking the plea for some defence. there are
some general defence which may be taken against action for number of wrongs. Following are the types of
general defences.
Volenti non fit injuria
paintiff,’s default
Inevitable accidents
Act of god
Private defence
Mistake
Necessity
Statutory authority

4. Act of god
This defense is used in the case pf tort when an event over which the defendant has no control over
occurs and the damage is caused by the forces of nature. In those cases, the defendant will not be liable
in law of tort for such inadvertent damage.
Two essential elements needed for this defance are-
1. There must be working of natural force.
2. Extraordinary in nature.
3. The occurrence must be extraordinary and not which could be anticipated and reasonably guarded
against.
 Case law:-
Ramalinga nadar v/s Narayan Reddiar

5. Volenti non fit injuria
 “Willingness does not make injury ”when a person consent to the infliction of some harm upon himself . He has no
remedy for that in tort . In case ,the plaintiff voluantrily agrees to suffer some harm , he is not allowed to complain
seves as a good defence against him.
 In other language, “ one who invited or assented to an act being done towards himself cannot when he suffers harm
complain of it as a wrong ”
 This maxim is basd on the principle that “every man is the best judge of his own interest.
 Essentials of volenti non fit injuria are-
1. Acts and methods of doing the acts must be lawful .
2. Knowledge of the risk is not the same thing as consent to run the risk.
3. Consent must be free
 case law:-
1. Hall v/s drooklands auto racing club

6. Plaintiff the wrong the doer
 Plaintiffs default means that plaintiff himself is a wrong doer it can also be said that the Claimant's
action is responsible for his own losses. It can be stated that in this situation plaintiff is not entitled
to any damages. There is a maxim Ex turpi causa non oritur actio” which says that “from an immoral
cause, no action arises.”
 Although it does not mean that the defendant is free from liability but he will not be liable under
this head
 Essentials elements are-
 Case law:-
 bird vs Holbrook

7. Private defence
 Among the general defences in tort, private defence is the most common. When a defendant tries
to protect his body or property or any other person's property, harms another person by using
reasonable force, under an imminent-danger and where there is no time to report instantly to the
authority, it is Private Defence.
 Essentials of private defence
1. The use of force is justified only for the purpose of defence.
2. There should be imminent threat to the personal safety or property.
3. The force should not be excessive.
 Case law:- collins v/s renison