Discuss four circumstances under which the government might not be held liable in tort.

Defences to the above torts (trespasses)

  • Trespass to person: Consent – where the plaintiff consents, his claim will be bad. The consent must be real.
  • Self-defence: Trespass to person is justified if it is committed in reasonable defense.
  • Trespass to land:
    • Necessity – Defence is available where intentional damage is done In order to prevent a greater evil.
    • Prescription – A plea of a new owner who has acquired land prolonged possession against the registered owner’s action to recover land.
  • Trespass to goods.
  • Retaking of goods.
  • License
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