Download as pdf or txt
Download as pdf or txt
You are on page 1of 1

Powered by AI

Bing

General defences, also known as affirmative defences, are a set of legal arguments that defendants can raise to
avoid liability for their actions. These defences are recognized by law and serve as a shield against legal claims
brought by plaintiffs.

Here are some general defences in law:

1. Volenti non fit injuria (Consent): This defence applies when the plaintiff voluntarily suffers harm, thus
has no remedy under the law of tort. The consent must be free and not obtained by fraud or under
compulsion.

2. Plaintiff the wrongdoer: If the plaintiff is the one who committed the wrong, they cannot sue for it.

3. Inevitable accident: This defence applies when the accident could not have been avoided despite
reasonable care.

4. Act of God: This refers to natural events outside of human control, like floods or earthquakes.

5. Private defence: This defence applies when harm was caused while reasonably defending oneself or
one’s property.

6. Mistake: This defence applies when the defendant committed the act under a mistake of fact, which
negates a component of the crime.

7. Necessity: This defence applies when the act was necessary to prevent a greater harm.

8. Statutory authority: This defence applies when the act was authorized by law.

These defences are particularly relating to some offences. For example, in the case of defamation, the defences
available are fair comment, privileges, and justification. These defences help ensure that liability is fairly
assigned and that individuals are not unfairly held responsible for actions that were unavoidable, necessary, or
otherwise justified.

You might also like