Explain four defences which may be offered a defendant to an action for trespass to the person

Explain four defences which may be offered a defendant to an action for trespass to the person

ANSWER

1. Volenti non fit injuria: This is the defence of voluntary assumption of risk applicable in circumstances in which the plaintiff has consented to the act which causes the harm.
2. Defence of the person: the defendant may rely on this defence if the committed the the trespass while defending his person from a threatened invasion. The defence is sustainable only if the force used is proportional to the threat.
3. Defence of property: this defence is available to a defendant who commits trespass while defending his property provided the force used is proportional to the threat.
4. Inevitable Accident: the defendant may rely on this defence if the trespass to the plaintiff was accidental and no reasonable step could have been taken to prevent the same.
5. Mistake: a defendant can rely on this defence if the trespass was committed to the wrong person and the defendant had reasonable ground to believe that the plaintiff was the party concerned.