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Question

Following are good defences to an action in tort :
(a) Act of God
(b) volenti non fit injuria
(c) private defence
(d) trustee do son tort

Choose the correct option:

The correct answer is
(a), (b) and (c) only

Identifying Valid Tort Law Defences

A defence in tort law seeks to excuse or justify the defendant's actions, negating liability even if the elements of a tort are present. We examine the provided options:

Analysis of Defences

  • (a) Act of God: This is a valid defence where an event occurs due to natural causes beyond human control, without any human intervention (e.g., an unprecedented storm causing damage).
  • (b) Volenti non fit injuria: This defence, meaning "to a willing person, injury is not done," is valid. It applies when the claimant knowingly and voluntarily accepts the risk of harm.
  • (c) Private Defence: This is a valid defence, allowing the use of reasonable force to protect oneself, others, or property against an imminent threat.
  • (d) Trustee do son tort: This is not a recognized defence in tort law. A trustee's actions fall under trust law duties, and while breaches can lead to liability, this phrase doesn't constitute a defence against a tort claim.

Conclusion on Defences

The valid defences among the options provided are Act of God, volenti non fit injuria, and private defence.

Therefore, the correct option includes (a), (b), and (c) only.

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Important Questions from Law of Torts and Consumer Protection

  1. The word 'Tort' has been derived from the Latin Word :
  2. The Maxim 'Damnum Sine injuria' means :
  3. Which of the following is not a valid defence in tort?
  4. Match the following provisions with the Section under Consumer Protection Act 1986 :

    (a)Jurisdiction of the District forum(i)Section 17 B
    (b)Composition of State Commission(ii)Section 20
    (c)Composition of National Commission(iii)Section 16
    (d)Circuit benches of State Commission(iv)Section 11


    Choose the correct option from those given below :
  5. Arrange the following judgements on Torts in Chronological order :

    (a) Ashby v/s White
    (b) MC Mehta v/s Union of India
    (c) Reyland Vs Fletcher
    (d) Donoghue v/s Stevenson

    Choose the correct option :
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