(a) 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.
(b) Defence of the person: the defendant may rely on this defence if the committed the
thetrespass while defending his person from a threatened invasion. The defence is
sustainable only if the force used is proportional to the threat.
(c) 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.
(d) 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.
(e) Mistake: a defendant can rely on this defence if the trespass was committed to the
wrongperson and the defendant had reasonable ground to believe that the plaintiff was the
party concerned.
maurice.mutuku answered the question on April 28, 2018 at 06:17
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