LEGAL PRINCIPLE: TORTS — Negligence — Inevitable Accident — Burden of Proof — Defendant Who Pleads Inevitable Accident Must Specifically Plead and Prove Same

The defence of inevitable accident must be specifically pleaded and proved. The principle applies to tort law. The burden is on the defendant. The rule ensures that the defence is not raised frivolously. The defendant must adduce evidence that the accident could not have been prevented by reasonable care. The principle is well-established.