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Discuss any five general defenses one may use to defend himself before the court of law.
a) Act of God; where the damage is caused directly by a natural circumstance where no human foresight can provide against and of which human prudence is not bound to recognize the possibility of the damage this defense may be applied.
b) Necessity; This defense is relied upon when it was necessary to protect the society. It is usually relied upon by the state for acts taken to protect the society at large as the interest of the public prevail. The act done should be reasonable and is limited to an urgent situation, and depents on whether is the human life in danger or a mere property.
c) Volent i non fit injuria; This defense is available in circumstances where the plaintiff with full knowledge of the risk voluntarily agrees to undertake the risk. It is the burden of the defendant to proof that the plaintiff had actual knowledge of nature or the extent of the risk.
d) Contributory negligence; this defense is available when the plaintiff exposed himself to the danger or risk by act or the omission .if the plaintiff was at a fault or negligence which contributed to his suffering.
e) Statutory authority; This defense is relied upon by the defendant if the nuisance is authorized by the statute. The defendant has a complete defense only if he can prove that that he acted in accordance with the provision of the act which only depends on the interpretation of the statute.
f) Inevitable accident; this defense is only available when the damage suffered was not as a fault of the defendant since he could not evade act.
Private defense and mistake are other defens
Justus mbindyo answered the question on February 19, 2018 at 16:15
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