Page 60 - Liability Insurance IC74

The Insurance Times

Ans. The common defences are :
(i) To him who is willing, there can be no injury - this
means that if a person voluntarily consents to run a
risk, he has no right of action against anyone who is a
for injuries suffered as a result of his action. For e.g, a
spectator at a motor race or football match cannot
complain of any injuries arising out of accidents which
may be reasonably expected to occur at such events.
According to law, their presence of such events is an
implied consent to accept the risks involved.

(ii) Inevitable accident - an inevitable accident is an
accident which occurs in spite of the exercise of
ordinary care, caution and skill in making. The
defendant has to prove that the accident could not
have been avoided. For e.g, an accident may have
been caused by a hidden defect in a machinery which
could not have been discovered on reasonable
inspection.

(iii) Act of God or Vis Major - this has been defined
as an event due to natural causes directly and
exclusively without human intervention. E.g storms,
earthquake, lightning etc.

(iv) Emergency - if a person in a moment of imminent
danger, acts in a way which causes injury to another,

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