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    Question

    Which of the following is not a valid defense in an

    action for tort?
    A Volenti non fit injuria Correct Answer Incorrect Answer
    B Inevitable accident Correct Answer Incorrect Answer
    C Mistake of fact Correct Answer Incorrect Answer
    D Act of God Correct Answer Incorrect Answer

    Solution

    In tort law, mistake of fact is not a valid defense. Torts are generally based on civil wrongs, and liability arises even if the act was unintentional or based on a mistaken belief. • Volenti non fit injuria: "To a willing person, no injury is done" — valid defense when the plaintiff consents to the risk. • Inevitable accident: An accident that could not have been prevented despite reasonable care. • Act of God: Natural and unforeseeable event beyond human control, like earthquakes or floods. But mistake, even if made in good faith, is not an excuse for a wrongful act.

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