All Exams Test series for 1 year @ ₹349 only
Question

Which one of the following is not a valid defence in tort ?

The correct answer is
Inevitable accident

Tort Law Defences Explained

This question asks to identify which option is typically NOT considered a valid defence in tort law. Let's examine each defence:

Vis Major (Act of God) Defence

Vis major, or an Act of God, refers to an extraordinary natural event beyond human control (like floods or earthquakes). If such an event directly causes damage without any human intervention or negligence contributing, it can be a valid defence, especially in cases not involving strict liability.

Volenti Non Fit Injuria Defence

Volenti non fit injuria translates to "where there is consent, there is no injury." This defence applies when the claimant, knowing the risks involved in an activity, voluntarily agrees to undertake that activity. It requires both knowledge of the risk and voluntary acceptance.

Scienti Non Fit Injuria Defence

Scienti non fit injuria is closely related to Volenti non fit injuria. It emphasizes that a person who knows of a danger or risk cannot claim damages for an injury resulting from that risk. It essentially implies knowledge and acceptance of the risk.

Inevitable Accident Defence Analysis

An inevitable accident occurs when an event happens without any fault or negligence on the part of the defendant, and the consequences could not have been avoided by the exercise of the utmost care and foresight. While appearing plausible, modern tort law often does not recognise inevitable accident as a standalone defence, particularly in strict liability cases. The focus is usually on whether the defendant breached a duty of care or caused the harm, rather than the inevitability of the event itself if reasonable precautions were possible. Therefore, it is frequently considered invalid compared to defences like Vis Major or Volenti.

Based on standard legal principles, Inevitable Accident is the option least likely to be considered a universally valid defence in tort law across various scenarios.

Was this answer helpful?

Important Questions from Tort

  1. Which of the following is not a general defence under Torts?
    A. Mistake
    B. Remoteness
    C. Necessity
    D. Consent
    Choose the correct answer from the options given below:
  2. Which of the following is not an absolute privilege under the law of torts?
  3. Which of the following case does not relate to the concept of absolute liability under law of India?
  4. "Just as the criminal law consists of a body of rules establishing specific offence, so the law of torts consists of a body of rules establishing specific injuries". Who stated this ?
  5. Consider the following elements :
    (a) Infringement of a legal right
    (b) Any damage
    (c) Existence of a legal right
    (d) Legal damages
    Right to claim damages in tort would arise only if :
Need Expert Advice?

Start Your Preparation with Prepp Mobile App

Download the app from Google Play & App Store
Download the app from Google Play & App Store
Prepp Mobile App