LLB Lecture Notes Tort General Defenses in Urdu | Hindi
General defenses in tort:
Consent 🤝
Limited situations where the victim consented to the act.
Example: Spectator at a cricket match accept the risks of being hit by a ball.
Injured person himself wrongdoer 🙅♂️
When the injured person's own actions caused their injury.
Example: Entering a house with a warning sign and getting bitten by a dog.
Inevitable accident (Unavoidable) 💥
Injury caused by an accident that couldn't be avoided with reasonable care.
Example: Accidental injury despite taking reasonable precautions.
Act of God 🌩️
Injuries caused by unexpected natural events.
Example: Injury from a storm or other natural disasters.
Acts of state 🏛️
Defense when an act is done under the authority of the state.
Example: Construction of a railway line authorized by the government.
Private defense 🔒
Individuals have the right to protect themselves and their property.
Reasonable force can be used for self-defense without legal remedy.
Contributory negligence 🚧
If the injured person's negligence contributed to the accident, they cannot claim compensation.
Example: Injured person's own negligence prevents them from winning a case against a negligent party.
Mistake ❓
Wrongdoer must prove that the wrongful act was performed mistakenly.
Challenging defense as proving genuine mistakes is difficult.
Exercise of common rights 🙆♂️
Valid defense when enjoying legally recognized rights causes injury to others.
Example: Legally using one's property in a way that unintentionally harms others.
Necessity 🚒
Defense where the wrongdoer proves that the act was necessary under certain circumstances.
Example: Trespassing on private land to access water for firefighting.
These general defenses serve various purposes in tort law, including protecting rights, providing compensation, and deterring intentional or negligent violations. However, it is important to note that the position and importance of tort law may vary in different countries, such as Pakistan and other underdeveloped nations.
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