Employer and Independent Contractor
An independent contractor is one who undertakes to provide a given result without being in any way controlled as to the method by which he attains that result. Therefore an independent is not under the supervision of his master or for which he does a work. So In this way, any wrongful act done by independent contractor and his agents, the independent contractor id responsible for that acts.
Justification of Torts
There are various conditions which when present, will prevent an act from being wrongful in their absence would be wrong. Under such conditions an act said to justified or executed. The recognized general defenses are as follows:-
Act of State
It is basically any injury done against an Alien by the servant of that state either previously authorized or subsequently ratified by the state. It is basically English law and no action can be done against English state.
No action will lie against an officer who executes the orders of a public authority which are valid. So, valid orders of executive immuned from Law of Torts.
Acts authorized by Legislature or Statutory
If the legislature authorizes an act, no act can done for that act. No file can suit against any act authorized by legislature, they are immuned.
No action can done against judges, if they are in their judicial capacity although the motive was malicious. There is immunity for them.
Persons exercising quasi-judicial authority are also immuned from civil action if they observe the rules of natural justice.
Like: Disciplinary committee of university.
Parents are authorized all over the world to inflict moderate and reasonable punishment upon their children for their betterment. They are also immune in this respect.
People performing the duties of your parents in their absence like guardian and teacher, they are also immune if they do an act for the betterment of the children.
An unavoidable accident which could not be performed by the exercise of ordinary care and skill. No suit can filed for such an act.
Act of Necessity
It is said, “Welfare of the people is supreme law”.
Due to extreme necessity if you break the laws, you immuned from Law of Torts. Like: Due to fire, you demolish the next shop because it would be going to catch the fire.
Leave and License
“Volenti Non Fit Injuria”
“Willing person suffers no wrong”.
If the harm suffered voluntarily does not constitute a legal injury, it is unactionable and also immunity from Law of Torts. Like: You, with your own consent doing something, although you that is harmful.
Exercise of Common Rights
If you are exercising the common rights in a proper way and causing damage to someone. So it would be unactionable and that person cannot suit a file against you. Like: Damnum Sine Injuria”.
Law allows reasonable private defense (to protect yourself and your property), if injury caused in exercise of private defense, it will un actionable.
Mistake of Fact
It may noted that mistake of law is never a good defense and mistake of fact is not a good defense. So it has no liability in Law of Torts.
In the situation contributory negligence, no damage can be claimed, because it is an expression which implies that the person, who has suffered damage is also guilty of some negligence.
Acts causing slight harm
“Law does not take account of trifling”.
In this respect, it is said that causing slight rather than infringement of legal right are unactionable in Law of Torts.