04/01/2026
Exceptions to the Law of Torts are commonly referred to as General Defences. These are specific situations where a person, even after committing a wrongful act, can escape liability by proving a valid legal justification.
Here is a breakdown of the primary exceptions:
1. Volenti Non Fit Injuria (Consent)
This literally means "to a willing person, no injury is done." If the plaintiff voluntarily and with full knowledge of the risk consents to an act, they cannot later sue for damages.
Example: A spectator at a cricket match who gets hit by a ball cannot sue the batsman, as they impliedly consented to the inherent risks of the game.
Key Requirement: The consent must be free (not obtained by fraud or force) and the plaintiff must have had full knowledge of the specific risk.
2. Act of God (Vis Major)
An exception for events caused by natural forces without human intervention, which are so extraordinary that they could not have been foreseen or guarded against.
Example: An unprecedented flood, a massive earthquake, or a sudden lightning strike.
Case Law: Nichols v. Marsland (where an extraordinary rainfall caused dams to burst).
3. Inevitable Accident
This refers to an accident that could not have been avoided by the exercise of ordinary care, caution, and skill. It is different from an Act of God because it can involve human agency.
Example: A driver suffers a sudden, unforeseeable heart attack while driving, leading to an accident.
Case Law: Padmavati v. Dugganaika (where a jeep wheel suddenly came off despite regular maintenance, causing an accident).
4. Statutory Authority
If an act is authorized by a statute (a law passed by the Legislature), the person performing it is not liable for any resulting harm, provided they acted without negligence.
Example: A railway company running trains is not liable for the noise or vibration caused to nearby residents, as the operation of railways is authorized by law.
5. Private Defence
Every person has the right to use reasonable force to protect themselves, their property, or another person from an unlawful attack.
Restriction: The force used must be proportional to the threat. You cannot shoot someone for a minor trespass.
6. Necessity
An act done to prevent a greater evil is not actionable, even if it causes intentional damage.
Example: Breaking into a burning house to rescue someone or pulling down a house to stop a fire from spreading through a neighborhood.
7. Plaintiff the Wrongdoer
Based on the maxim Ex turpi causa non oritur actio (no action arises from an immoral cause). If the plaintiff was engaged in an illegal act at the time of the injury, the court may refuse to grant damages.
Example: A burglar falling through a rotten floor while trying to rob a house may not be able to sue the owner for negligence.
