Discussion
Which of the following is a valid defence against an action in tort:-
Answer: B
The valid defence is Act of God.
An act of God (vis major) is an extraordinary natural event, such as an unprecedented storm, flood or earthquake, that no human foresight could guard against. It is a recognised general defence, notably to strict liability under Rylands v. Fletcher.
Mistake of fact is generally no defence in tort; a person who honestly but wrongly takes another's goods is still liable for conversion. Minority is not a general defence either: a minor is liable for his own torts, except where the claim is really an attempt to enforce a contract void against him. So 'None of the above' is also wrong.
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