ABSTRACT
So far, we have been primarily concerned with what a claimant has to prove in order to establish the existence of a tort.
This is a convenient point to consider certain defences that may be raised by the defendant who, while admitting the behaviour complained of (which would otherwise constitute a tort), then seeks to adduce in evidence additional facts which will excuse what he has done. So, the burden of proving the facts to establish the defence rests on the defendant.
