General Defences in Tort

Even where every ingredient of a tort is present, the defendant may still escape liability by pleading a recognised general defence.

The General Defences

flowchart TD
    A["General Defences"]:::root
    A --> B["Volenti non fit injuria<br/>(free, informed consent to the risk)"]:::leaf
    A --> C["Inevitable accident<br/>(no care could prevent it)"]:::leaf
    A --> D["Act of God<br/>(unforeseeable natural force)"]:::leaf
    A --> E["Necessity / Private defence<br/>(lesser harm to avert greater;<br/>reasonable self-protection)"]:::leaf
    A --> F["Statutory authority<br/>(the law authorised the act)"]:::leaf

    classDef root fill:#FFF8DC,stroke:#333,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Volenti Non Fit Injuria — “to one who consents, no injury is done”

A plaintiff who freely and with knowledge consented to the risk cannot complain of the resulting harm. But:

Knowledge is not consent — scienti non fit injuria; merely knowing of a risk is not accepting it.
Consent must be free, not given under compulsion — Smith v. Baker (1891) (a workman who protested but kept working under a crane did not consent).
It does not cover the defendant’s own negligence, nor rescuers — Haynes v. Harwood (1935) (a policeman injured stopping a runaway horse could recover).

The Other Defences

Inevitable accident — harm no reasonable care could have prevented (Stanley v. Powell).
Act of God (vis major) — a natural event so extraordinary that no human foresight could guard against it (Nichols v. Marsland — an unprecedented rainfall).
Necessity — intentionally causing a smaller harm to prevent a greater one.
Private defence — reasonable, proportionate force to protect oneself or one’s property.
Statutory authority — an act the legislature has authorised is no tort, provided it is done without negligence.

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