National Law Institute University, Bhopal
Synopsis
Topic: - General Defences and its Limitations
Submitted to: - Submitted by: -
Ms. Kavita Singh Siddharth Vishwakarma
(Associate Professor in Torts) (2018BALLB28)
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National Law Institute University, Bhopal
Introduction-
According to Salmond, “A tort is a civil wrong for which the remedy is a
common law action for unliquidateddamages and which is not
exclusivelythe breach of a contract, or the breach of Trust, or the breach
of other merely equitable obligation”.
The justifications for wrongful acts committed or omissions made, provided by
a defendant are known as defences under Law of Torts. If the defendant
establishes a successful defence, either his liability for the damage may be
reduced or he may be totally absolved from the liability.
There are defences which refer only to a particular wrong, or to a small class of
wrongs, these are called special defences, while the defences which are
common to all kinds of wrongs are known as general defences.
Objectives-
To determine rights between parties to a dispute.
To explain malice, motive and intention through various defences.
To study the limitations of various general defences in Law of Torts.
To discuss various cases on general defences.
Method of study-
The proposed piece of work is based on Doctrinal Method. Largely based on
Secondary and Electronic sources of data.
Review of Literature-This project could not have been completed without referring to
the following resources:
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National Law Institute University, Bhopal
Legal Database Like Manupatra.
Law of Torts BY R.K Bangia.
Lectures and Presentations of the Professor.
The Law of Torts BY Ratanlal and Dhirajlal.
Body of project-
1. Introduction
2. What it Tort?
3. General Defences and its types
4. Volenti non-fit injuria
4.1.Limitations
4.2.Case laws
5. Act of god/Vis Major
5.1.Limitations
5.2.Case Laws
6. Inevitable accident
6.1.Limitations
6.2.Case Laws
7. Private Defence
7.1.Limitations
7.2.Case Laws
8. Necessity
8.1.Limitations
8.2.Case Laws
9. Mistake
9.1.Limitations
9.2.Case Laws
10.Statutory Authority
10.1. Limitations
10.2. Case Laws
11.Judicial and Quasi-Judicial Authority
11.1Limitations
11.2Case Laws
Conclusion-
Bibliography-
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National Law Institute University, Bhopal
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