Nishanth
What are General Defences:
When the plaintiff brings an action against the defendant for a particular tort, providing the existence of all the essentials of that tort, the defendant would be liable for the same. The defendant may, however, in such case, avoid his liability by taking the plea of some defence.
INEVITABLE ACCIDENT:
Accident means an unexpected injury.
If the same could not have been foreseen and avoided, in spite of reasonable care on the part of the defendant, it is an inevitable accident.
It does not mean absolutely inevitable, but it is not avoidable by any such precaution as a reasonable man.
It is a good defence if the defendant can show that he neither intended to injure the plaintiff nor could he avoid the injury by taking reasonable care.
SECTION 80 OF IPC:
According to S.80 of IPC, Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in an unlawful manner and with proper care and caution.
Essential Ingredients:
Act is done by accident or misfortune
No criminal intention or knowledge
Act must be lawful and done in a lawful manner
CASE LAW:
Shridhar Tiwari Vs. U. P. State Road Transport Corporation, in this case, a bus belonging to U.P.S.R.T Corporation arrived near the village. A cyclist suddenly came in front of the bus. It had rained and the road was wet. The driver tried to avoid hitting the cyclist and applied the brake. As the road was slippery, the bus skid and the rear portion of the bus hit the front portion of another bus which was coming from the opposite direction. It was found that both the buses were being driven at a moderate speed and the accident had occurred despite due care on the part of the drivers . Hence, it was held that the accident which occurred was inevitable and therefore the defendant corporation was not held liable for the same.
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