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General Defenses In Tortious Liability




Anisha Arya, KIIT School of Law


ABSTRACT

General defences are a set of defences or ‘excuses’ that you can undertake to escape liability in tort only if your actions have qualified a specific set of conditions that go attached with these defences, when the plaintiff brings an action against the defendant for a particular tort, providing the existence of all the essential of that tort the defendant would be liable for the same.

The defendant may, however, even in such a case, avoid his liability by taking the plea of some defence. There is some particular safeguard which is curious to some protection. There are some particular guards which are unconventional to some specific wrongs, for instance, in an activity for slander, the protections of advantage, reasonable remark or legitimization are accessible. There is some broad safeguard which might be made against the move for various wrongs. For instance, the overall protection of 'Assent' might be taken, regardless of whether the activity is intended for trespass, slander, bogus detainment, or another wrong.

As in law everybody is allowed an opportunity to protect themselves for an improper demonstration done by them so in law of misdeeds which is as yet developing have fixed a few guards which are known as broad safeguards in law of misdeeds.

Keywords: Defence, liability, assent, legitimization, safeguard

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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