Week 8-9 General Defences in Torts

General Exceptions

There are certain justifications which refer only to a particular wrong, or to a small class of wrongs. These are treated in their proper places. But there are other justifications which are common to all kinds of wrongs, and to prevent the repetition of these under every wrong they are collectively treated here. Thus, in this lesson we are going to discuss, what Pollock calls, " the rules of immunity which limit the rules of liability. There are various conditions which when present will prevent an act from being wrongful, which in their absence would be a wrong. Under such conditions the act is said to be justified or excused. And when an act is said in general terms to be wrongful, it is assumed that no such qualifying condition exists." These justifications from civil liability for acts prima facte wrongful are based principally upon public grounds. They are
Acts of State.Inevitable Accident. Judicial Acts. Exercise of common Right. Executive Acts.
Quasi-judicial Acts. 10. Leave and License. 5. Parental and Quasi-Parental 6. Works of Necessity.

 Private Defence. Authorities of Necessity. Plaintiff a wrong-doer. Acts causing slight harm,

Recommended Cases

Vanghan V taff Vale Ry 1860

Homes v. Mather 1875

Browen v. Kendal 1850

Consolidated Company v. Gurtes & Son 1892

Bird v. Halbrook 1828

Morris v. Nugent 1836

 

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