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Mnemonics: Defences in Tort Law

General Defences in Tort Law

What needs to be memorized: The eight main defences available in tort law - Volenti non fit injuria, Plaintiff the wrongdoer, Inevitable accident, Act of God, Private defence, Necessity, Statutory authority, and Mistake

Mnemonic: "Very Polite Indians Always Practice Nice Sweet Manners"

🔗 The Breakdown:

  • Very → Volenti non fit injuria (Consent/Voluntary assumption of risk)
  • Polite → Plaintiff, the wrongdoer
  • Indians → Inevitable accident
  • Always → Act of God
  • Practice → Private defence
  • Nice → Necessity
  • Sweet → Statutory authority
  • Manners → Mistake

Essential Elements of Volenti Non Fit Injuria

What needs to be memorized: The four essential requirements for this defence - Free consent/Voluntary assumption, Knowledge of risk, Full knowledge of nature and extent, and No compulsion

Mnemonic: "Freely Knows Fully, No Compulsion"

🔗 The Breakdown:

  • FreelyFree consent/Voluntary assumption of risk
  • KnowsKnowledge of risk
  • FullyFull knowledge of nature and extent of risk
  • No CompulsionNo compulsion (must be voluntary)

Essential Elements of Defence of Necessity

What needs to be memorized: The four requirements for the necessity defence - Imminent danger, No alternative available, Proportionate action, and Good faith

Mnemonic: "I Need A Prayer"

💡 Context: This phrase naturally evokes an emergency situation where someone desperately needs help - exactly when the necessity defence applies!

🔗 The Breakdown:

  • IImminent danger/emergency
  • NeedNo alternative available
  • A (prayer) → Action must be proportionate
  • PrayerGood faith (prayer implies sincerity/good faith)

Defences to Defamation

What needs to be memorized: The five main defences available in defamation cases - Truth/Justification, Fair comment, Privilege (absolute/qualified), Consent, and Apology

Mnemonic: "True Friends Protect with Care and Apology"

💡 Context: Think of this as advice about maintaining good friendships - which makes it easy to remember!

🔗 The Breakdown:

  • True (Friends) → Truth/Justification
  • Friends (make fair comments) → Fair comment
  • Protect (privilege to protect) → Privilege (absolute/qualified)
  • (with) Care (taking consent) → Consent
  • (and) ApologyApology
The document Mnemonics: Defences in Tort Law is a part of the CLAT PG Course Law of Torts.
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