Q. What is Justification in law of tort?
Introduction:
In the Law of Torts, justification refers to a valid legal defense that excuses or justifies what would otherwise be considered a wrongful act or tort.
In simple terms, justification means showing a lawful reason for an act that appears to be a tort i.e. such as trespass, defamation, or assault. So that the act is no longer considered wrongful in the eyes of the law.
Definition:
Justification in tort law means proving that the defendant's act, though it caused harm, was lawful, reasonable, and done with proper cause or authority.
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Example:
If A enters B's property without permission, it is trespass.
But if A enters to save someone's life or prevent serious harm, the entry is justified.
The act becomes lawful, not a tort.
Common Grounds of Justification:
1. Self-defense:
Using reasonable force to protect oneself or property.
2. Defense of others:
Acting to protect another person from harm.
3. Consent:
If the plaintiff agreed to the act (e.g., in sports or medical treatment).
4. Necessity:
Doing an act to prevent greater harm (e.g., breaking into a house to save a child from fire).
5. Authority of law:
Acts done under legal authority, such as a police officer arresting someone lawfully.
6. Act of God:
An act beyond human control, such as a natural disaster, which excuse liability.
7. Parental or guardianship authority:
Reasonable acts by parents or teachers to discipline a child.
Illustration/ Cases:
In Cope v. Sharpe (1912), the defendant entered the plaintiff's land to prevent the spread of a fire to neighboring property.
The court held the act was justified by necessity
hence, not trespass.
Conclusion:
Justification in the law of tort is a complete defense that shows the defendant's was legally permitted or socially necessary.
If justification is successfully proved, the defendant is not liable for damages.https://lawandlearning99.blogspot.com/2025/09/dosso-case-state-v-dosso-pld-1958-sc.html