What are the two main categories of defences against tortious liability?

Specific Defences and General Defences.

True or False: The defence of consent can be applied only to the tort of defamation.

False. The defence of consent can excuse any tort.

Fill in the blank: The defence of ___ applies when an injured party voluntarily agrees to the risk or harm.

Consent or Leave and Licence (Volenti non fit injuria).

What is meant by 'Act of God' in tort law?

It refers to a natural event, such as a flood or earthquake, that makes the defendant's act excusable.

Fill in the blanks: Inevitable Accident applies when an accident occurs that could not have been avoided despite taking all reasonable ___.

Precautions.

What is the significance of the defence of necessity in tort law?

It allows a person to perform an act out of necessity to prevent greater harm.

True or False: Special Defences are applicable to all types of torts.

False. Special Defences are specific to particular torts.

Fill in the blank: The defence of ___ is used when an act is performed to protect oneself or others from immediate harm.

Private Defence.

Explain the difference between general defences and specific defences in tort law.

General defences apply to all types of torts equally, while specific defences are applicable only to particular torts.

What does the term 'tort' refer to in the context of tort law?

A tort refers to a civil wrong that causes harm or loss to another, leading to legal liability.

Volenti Non Fit Injuria is based on the principle of ___ and ___ consent.

Common sense and legal consent

True or False: A postman can be sued for trespass if he delivers mail outside of permissible limits.

False. A postman is protected from trespass as long as he stays within permissible limits.

What are the essential conditions for consent under the doctrine of Volenti Non Fit Injuria?

Consent must be freely given without coercion, fraud, misrepresentation, or mistake.

Consent can be either ___ or ___ in legal terms.

Express or implied

True or False: A guest can never be sued for trespass in a private property.

False. A guest can be sued for trespass if they enter a restricted area without permission.

In the context of medical negligence, consent does not absolve a doctor of liability if ___ occurs.

Negligence during treatment or improper care

Fill in the blank: The case of White v Blackmore illustrated that consent must be freely given without ___, ___, or ___ to be valid.

Coercion, fraud, misrepresentation

What was the court's ruling in the case of a patient who died due to improper care during anesthesia?

The court ruled that the doctor could be held liable for negligence despite the patient's consent.

The rule of volenti non fit injuria states that a person who voluntarily accepts a risk cannot claim for injury. True or False?

True. This rule implies that if someone willingly engages in an activity that involves risk, they cannot later claim for any injuries sustained.

In what situation might an employee not be considered to have voluntarily waived their legal rights despite continuing to work in unsafe conditions?

When the employee raises concerns about unsafe practices but continues to work, their continued presence does not imply consent to the risks involved.

Fill in the blank: The principle of volenti non fit injuria may not apply to individuals engaged in ___ operations.

Rescue

What is one reason why drunk drivers may not be held to the rule of volenti non fit injuria?

Drunk drivers may lack the capacity to fully understand or accept the risks involved in their actions, making the application of the rule questionable.

Fill in the blank: In the case of safety concerns at work, an employee's continued work despite risk does not imply ___ to those risks.

Consent

True or False: A rescuer is considered to be acting voluntarily when they are responding to a situation caused by the defendant’s negligence.

False. A rescuer is not considered to be acting voluntarily if they are trying to save individuals or property at risk due to the defendant's negligence.

What principle is applied when assessing the actions of a rescuer who faces a risk to save another person?

The principle of assumption of risk does not apply when a plaintiff acts to mitigate a situation caused by the defendant's wrongful actions.