LAW 122 Lecture Notes - Lecture 3: Risk Management, Anonymous Post, Qualified Privilege
3 Nov 2016
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Two kinds of defences: complete defences. If defendant can prove them, he/she can avoid liability: partial defences. If defendant can prove them, may still be liable but his/her liability is reduced (ex: amount of damages is less) Self-defence and third party defence: complete defences, self-defence is the right to protect oneself from actual or threatened violence. Applies to torts of assault and battery. Available only if person at immediate risk of harm. Reasonable force requirement --> cannot use more force than necessary in circumstances. Ex: if someone pushes you - you cannot take out a gun and shoot him: third-party defence is the right to protect a third-party from actual or threatened harm. Defence of property: must use reasonable measures to protect property, principle - the law values human life and well-being over property. If only threat is to property, it may never be reasonable to deliberately cause death or serious injury. Defendant"s actions are justified by an emergency.
