The maxim 'salus populi suprema lex' in the Law of Torts is associated with the defence of
Question and options
The maxim 'salus populi suprema lex' in the Law of Torts is associated with the defence of
- volenti non fit injuria
- inevitable accident
- mistake
- necessity
Answer and explanation
Correct answer: D - necessity
'Salus populi suprema lex' (the welfare of the people is the supreme law) underlies the defence of necessity, where harm is done intentionally to prevent a greater harm to the public, as when property is destroyed to stop a fire spreading. Volenti non fit injuria rests on the plaintiff's consent, not on public welfare.
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