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Justification of Torts & General Defences

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Liability under Tort is a bit tricky subject. Only the injury which is legal but not any actual damage is protected and compensated. But as no law is good without its exception, such is Law of Torts without the General Defences and Justification.

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1 JUSTIFICATION of TORTS AND GENERAL DEFENCES
2 GENERAL DEFENCES INTRODUCTION Under such conditions the act is said to be justified or excused Various conditions which prevent the act from being wrongful which in their absence would be wrong 息 AIR Law Academy & Research Centre Sir Fredrick Pollock : The rules of immunity which limit the rules of liability
3 Acts of State01 Executive Acts02 Private Defense03 Plaintiff A Wrongdoer 04 Authority of Necessity 05Mistake of Fact 06 Exercise of Common Rights 07Necessity 08 Quasi-judicial Acts 09 Acts Done Under Parental or Quasi Parental Authority 10 Judicial Acts11 Acts Done under Statutory Authority 12 Volenti Non Fit Injuria 13 Inevitable Accidents 14 Acts Causing Slight Harm 15 GENERAL DEFENCES 息 AIR Law Academy & Research Centre
4 Act Of State Done against an alien By a servant of the crown Act is previously authorized or subsequently ratified by the sovereign Which done under state policy is not cognizable by any municipal court 息 AIR Law Academy & Research Centre The Act of the State is an Injury CASE : Burnin v. Denman (1848) 2 Ex. 167
5 Govt. can be made liable even though the act is an act of the State when Trespass to immovable property An obligation imposed by a statute Some benefit has resulted to the Government 息 AIR Law Academy & Research Centre
6 JUDICIAL ACTS So suit will lie against a judge for any act done or words spoken in his judicial capacity 息 AIR Law Academy & Research Centre Principle of public benefit Judicial Officers' Protection Act, 1850 CASE: Anderson v. Gorrie (1895) 1 Q. B. 668 A judge acted oppressively to the prejudice of the plaintiff and committed the plaintiff for contempt of court and asked for excessive bail. The plaintiff was not entitled for damages as the judge had acted in his judicial capacity
7 QUASI-JUDICIAL ACTS Protected from civil liability if they observe : 1. Principles of Natural Justice 2. The particular Statutory Rule 息 AIR Law Academy & Research Centre CASE : Devchand v. Ghanashyam, (1935) 37 B.L R. 417 The cast had the jurisdiction to excommunicate the members and the court would not interfere in the matter
8 Valid orders of a public authority form a good defence to a tort But if an officer maliciously arrests a person or takes his goods he will be liable Do not enjoy any protection except that conferred by legislature enactments 息 AIR Law Academy & Research Centre EXECUTIVE ACTS
9 ACTS DONE UNDER PARENTAL OR QUASI PARENTAL AUTHORITY Parents or persons in loco parentis may, for the purpose of correcting what is bad in the child, inflict corporal punishment, extent of which is reasonable Rex v. Newport (Salop) Justices, (1929) 2 K.B. 416 The schoolmaster was authorized to administer reasonable punishment to the boy for breach of school rules 息 AIR Law Academy & Research Centre
10 AUTHORITY OF NECESSITY The master of a vessel on the high seas or in foreign port has authority not only over the crew, but the passengers also Such powers are based upon necessity Powers are limited to preservation of necessary discipline and the safety EXAMPLE Commander of an aircraft has similar powers authority of necessity 息 AIR Law Academy & Research Centre
11 Necessity Suppose a fire originates in As house through some unknown defect in electrical installations. In extinguishing the fire Bs adjoining property is damaged by water. B brings action against A, claiming damages for the damage done to his property. B cannot succeed , since A was acting under sheer necessity Illustration 息 AIR Law Academy & Research Centre A person is fully justified in driving away a swarm of locusts from his land, and is not liable for the damage to his neighbours crops CASE : Greyvensteyn v. Hattingh Salus populi est suprema lex: The welfare of the people is the supreme law
12 ACTS DONE UNDER STATUTORY AUTHORITY CASE: Ram Gopal v. Govt. of U.P (1951) 1 All. 135 The govt. was not held liable a the alleged tortious act was performed in discharge of an obligation imposed by law 息 AIR Law Academy & Research Centre A person injured by such an authorized act can have no remedy, except for one provided by the statute Exercise of Common Rights It will b e a case of Damnum sine injuria The exercise of ordinary rights for a lawful purpose in a lawful manner is no wrong even if it causes damage
13 VOLENTI NON FIT INJURIA Consent of the plaintiff, or01 The plaintiff has freely or voluntarily, with full knowledge of the nature of the risk, agreed to an act 02 息 AIR Law Academy & Research Centre The plaintiff cannot complain about the act if an act is done with CASE : Hall v. Brooklands Auto-Racing Club A racing car shot over the railing and killed 2 spectators. It was held that there was no negligence and that this type of danger is inherent in car racing
14 applications Intentional acts which would otherwise be tortuous 01 Consent to run the risk of accidental harm, which would otherwise be actionable as due to negligence of the person who caused it 02 息 AIR Law Academy & Research Centre
15 INEVITABLE ACCIDENTS (ACT OF GOD) 息 AIR Law Academy & Research Centre An accident which is physically unavoidable CASE : Holmes v. Mather (1875) L.R 10 Ex. 261 (Runaway horses Case) It was held that no action was maintainable by the plaintiff as the servant had done his best under the circumstances to control the horse Inevitable accidents may be caused by:
16 MISTAKE OF FACT 息 AIR Law Academy & Research Centre Not an excuse, except in the cases where motive is an essential ingredient constituting the wrong. CASE : Consolidated Company v. Curtis & Sons (1892) 1 Q. B. 425 Mistake of fact was no excuse for trespassing or interfering with the plaintiffs property so wrongfully sold and delivery PRIVATE DEFENCE CASE : Turner v. Jagmohan Singh A vicious horse continued to attack a pair of mares of the carriage in which the defendant was riding even after several attempts of the defendant to calm it. The defendant got hold of a sphere and inflicted a wound on it which resulted in its death. Held, the defendants act was justifiable
17 PLAINTIFF A WRONDOER A person cannot ask for damages for an accident where he himself was careless in his driving or in violation of the rules of the road 息 AIR Law Academy & Research Centre Ex turpi causa non oritur actio : No action arises from an immoral cause CASE : Stockdale v. Onwhyn, 5 B & C, 173 The author of a copyrighted book which is banned as indecent cannot maintain an action against a person who has pirated a version of the book
18 ACTS CAUSING SLIGHT HARM Nothing is a wrong of which a person of ordinary sense and temper would not complain CASE : Coward v. Braddeley, (1859) 4 H&N 478 Section59 of IPC. 息 AIR Law Academy & Research Centre De minimus non curat lex
19 Reference Book D.D. Basu, The Law Of Torts ,Kamal , Calcutta Ratanlal And Dhirajlal, The Law of Tort, Universal ,Delhi J.N Boriwala, Commentary on Consumer Protection Act,1986,Universal ,Delhi Salmond and Heuston On the Law of Torts (2000)Universal, Delhi D. M. Gandhi , Law Of Tort, Eastern Lucknow P.K Majumdar, The Law of Consumer Protection In India (1998),Orient Publishing Co., New Delhi R. M Vats, Consumer and The law(1994),Universal ,Delhi 息 AIR Law Academy & Research Centre
20 息 AIR Law Academy & Research Centre

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Justification of Torts & General Defences

  • 1. 1 JUSTIFICATION of TORTS AND GENERAL DEFENCES
  • 2. 2 GENERAL DEFENCES INTRODUCTION Under such conditions the act is said to be justified or excused Various conditions which prevent the act from being wrongful which in their absence would be wrong 息 AIR Law Academy & Research Centre Sir Fredrick Pollock : The rules of immunity which limit the rules of liability
  • 3. 3 Acts of State01 Executive Acts02 Private Defense03 Plaintiff A Wrongdoer 04 Authority of Necessity 05Mistake of Fact 06 Exercise of Common Rights 07Necessity 08 Quasi-judicial Acts 09 Acts Done Under Parental or Quasi Parental Authority 10 Judicial Acts11 Acts Done under Statutory Authority 12 Volenti Non Fit Injuria 13 Inevitable Accidents 14 Acts Causing Slight Harm 15 GENERAL DEFENCES 息 AIR Law Academy & Research Centre
  • 4. 4 Act Of State Done against an alien By a servant of the crown Act is previously authorized or subsequently ratified by the sovereign Which done under state policy is not cognizable by any municipal court 息 AIR Law Academy & Research Centre The Act of the State is an Injury CASE : Burnin v. Denman (1848) 2 Ex. 167
  • 5. 5 Govt. can be made liable even though the act is an act of the State when Trespass to immovable property An obligation imposed by a statute Some benefit has resulted to the Government 息 AIR Law Academy & Research Centre
  • 6. 6 JUDICIAL ACTS So suit will lie against a judge for any act done or words spoken in his judicial capacity 息 AIR Law Academy & Research Centre Principle of public benefit Judicial Officers' Protection Act, 1850 CASE: Anderson v. Gorrie (1895) 1 Q. B. 668 A judge acted oppressively to the prejudice of the plaintiff and committed the plaintiff for contempt of court and asked for excessive bail. The plaintiff was not entitled for damages as the judge had acted in his judicial capacity
  • 7. 7 QUASI-JUDICIAL ACTS Protected from civil liability if they observe : 1. Principles of Natural Justice 2. The particular Statutory Rule 息 AIR Law Academy & Research Centre CASE : Devchand v. Ghanashyam, (1935) 37 B.L R. 417 The cast had the jurisdiction to excommunicate the members and the court would not interfere in the matter
  • 8. 8 Valid orders of a public authority form a good defence to a tort But if an officer maliciously arrests a person or takes his goods he will be liable Do not enjoy any protection except that conferred by legislature enactments 息 AIR Law Academy & Research Centre EXECUTIVE ACTS
  • 9. 9 ACTS DONE UNDER PARENTAL OR QUASI PARENTAL AUTHORITY Parents or persons in loco parentis may, for the purpose of correcting what is bad in the child, inflict corporal punishment, extent of which is reasonable Rex v. Newport (Salop) Justices, (1929) 2 K.B. 416 The schoolmaster was authorized to administer reasonable punishment to the boy for breach of school rules 息 AIR Law Academy & Research Centre
  • 10. 10 AUTHORITY OF NECESSITY The master of a vessel on the high seas or in foreign port has authority not only over the crew, but the passengers also Such powers are based upon necessity Powers are limited to preservation of necessary discipline and the safety EXAMPLE Commander of an aircraft has similar powers authority of necessity 息 AIR Law Academy & Research Centre
  • 11. 11 Necessity Suppose a fire originates in As house through some unknown defect in electrical installations. In extinguishing the fire Bs adjoining property is damaged by water. B brings action against A, claiming damages for the damage done to his property. B cannot succeed , since A was acting under sheer necessity Illustration 息 AIR Law Academy & Research Centre A person is fully justified in driving away a swarm of locusts from his land, and is not liable for the damage to his neighbours crops CASE : Greyvensteyn v. Hattingh Salus populi est suprema lex: The welfare of the people is the supreme law
  • 12. 12 ACTS DONE UNDER STATUTORY AUTHORITY CASE: Ram Gopal v. Govt. of U.P (1951) 1 All. 135 The govt. was not held liable a the alleged tortious act was performed in discharge of an obligation imposed by law 息 AIR Law Academy & Research Centre A person injured by such an authorized act can have no remedy, except for one provided by the statute Exercise of Common Rights It will b e a case of Damnum sine injuria The exercise of ordinary rights for a lawful purpose in a lawful manner is no wrong even if it causes damage
  • 13. 13 VOLENTI NON FIT INJURIA Consent of the plaintiff, or01 The plaintiff has freely or voluntarily, with full knowledge of the nature of the risk, agreed to an act 02 息 AIR Law Academy & Research Centre The plaintiff cannot complain about the act if an act is done with CASE : Hall v. Brooklands Auto-Racing Club A racing car shot over the railing and killed 2 spectators. It was held that there was no negligence and that this type of danger is inherent in car racing
  • 14. 14 applications Intentional acts which would otherwise be tortuous 01 Consent to run the risk of accidental harm, which would otherwise be actionable as due to negligence of the person who caused it 02 息 AIR Law Academy & Research Centre
  • 15. 15 INEVITABLE ACCIDENTS (ACT OF GOD) 息 AIR Law Academy & Research Centre An accident which is physically unavoidable CASE : Holmes v. Mather (1875) L.R 10 Ex. 261 (Runaway horses Case) It was held that no action was maintainable by the plaintiff as the servant had done his best under the circumstances to control the horse Inevitable accidents may be caused by:
  • 16. 16 MISTAKE OF FACT 息 AIR Law Academy & Research Centre Not an excuse, except in the cases where motive is an essential ingredient constituting the wrong. CASE : Consolidated Company v. Curtis & Sons (1892) 1 Q. B. 425 Mistake of fact was no excuse for trespassing or interfering with the plaintiffs property so wrongfully sold and delivery PRIVATE DEFENCE CASE : Turner v. Jagmohan Singh A vicious horse continued to attack a pair of mares of the carriage in which the defendant was riding even after several attempts of the defendant to calm it. The defendant got hold of a sphere and inflicted a wound on it which resulted in its death. Held, the defendants act was justifiable
  • 17. 17 PLAINTIFF A WRONDOER A person cannot ask for damages for an accident where he himself was careless in his driving or in violation of the rules of the road 息 AIR Law Academy & Research Centre Ex turpi causa non oritur actio : No action arises from an immoral cause CASE : Stockdale v. Onwhyn, 5 B & C, 173 The author of a copyrighted book which is banned as indecent cannot maintain an action against a person who has pirated a version of the book
  • 18. 18 ACTS CAUSING SLIGHT HARM Nothing is a wrong of which a person of ordinary sense and temper would not complain CASE : Coward v. Braddeley, (1859) 4 H&N 478 Section59 of IPC. 息 AIR Law Academy & Research Centre De minimus non curat lex
  • 19. 19 Reference Book D.D. Basu, The Law Of Torts ,Kamal , Calcutta Ratanlal And Dhirajlal, The Law of Tort, Universal ,Delhi J.N Boriwala, Commentary on Consumer Protection Act,1986,Universal ,Delhi Salmond and Heuston On the Law of Torts (2000)Universal, Delhi D. M. Gandhi , Law Of Tort, Eastern Lucknow P.K Majumdar, The Law of Consumer Protection In India (1998),Orient Publishing Co., New Delhi R. M Vats, Consumer and The law(1994),Universal ,Delhi 息 AIR Law Academy & Research Centre
  • 20. 20 息 AIR Law Academy & Research Centre