LAW 122 Lecture Notes - Lecture 3: Contributory Negligence, Independent Contractor, Punitive Damages
16 Apr 2017
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Complete defences- if the 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, the amount of damages is less. Self defence- 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. Third party defence- the right to protect a third party from actual or threatened harm, parent protecting child. defence of property: Must use reasonable measures to protect property. Principle- the law values human life and well being over property. If the only threat is to property it may never be reasonable to deliberately cause death or serious injury defence of necessity: Definition- defendants actions are justified by an emergency. Ex. doctor giving urgent medical care to unconscious patient.
