Q.
What are the defence mechanism for liability in tort?
A.
When there is 'breaking the chain' or Novus Actus Itervieniens or 'New Act Intervening'.
General defence negating liability in tort are:
1. Volenti non fit injuria - When a person consents to an act which causes him harm, he has no remedy in tort.
2. Mistake - for example, a policeman caught the wrong thief. He did it with good intention to do fairness, which is his duty.
3. Inevitable accident - that accident was one that could not have been avoided. The shuttlecock hit his right eye despite the fact that he ducked. It is in a game of badminton.
4. Act of GOD - event caused by natural causes like storm. The tree fell onto the building next door.
5. Private defence - self-defence. For fencing off attack by intruder using bare hand or umbrella which had caused puncture to the attacker's lung.
6. Necessity - in order to salvage the losses, the caretaker burned down the hut which was infected with deadly bacteria in order to prevent the infection from spreading to neighbouring farms.
7. Statutory authority - sometimes the statute allows the commission or omission of an act which would otherwise be a tort. In such case, the party injured has no remedy. Of course, if it is provided by the said statute to have remedy under compensation, it is to be followed. Otherwise, there is no remedy by compensation. The state enacts the law to protect the majority, but not the minority. For example, it is local regulation to erect signboards on the wall of high rise buildings. These signboards would be lighted up at night. The glaring lights disturb peaceful sleep of some inhabitants. Although it could be tortious as public nuisance, the statutory authority has the rights to erect signboards as such.
Ref:
Nuraisyah Chua Abdullah. 2004. Question & Answers on Malaysian Courts, Statutes, Cases & Contract, Tort and Criminal Law. 2013 Edition. Chapter 4. Page 171-173.