LAW 122 Lecture Notes - Lecture 3: Contributory Negligence, Risk Management, Punitive Damages
28 Oct 2017
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2 kinds of defences: complete defences: if defendant can proven them, he/she can avoid liability, partial defences: may still be liable but liability will reduce. Ex: if someone pushes you- you cannot take out a gun and shoot him: third part defence: the right to protect a third part 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: recall from last class- in retail context. When removing/ arresting trespassers/ thieves- must use reasonable force and be of last resort. Defence of necessity: definition: defendant"s actions are justified by an emergency, test for necessity, immediate action must be required, in order to avoid calamity. Ex: doctor giving urgent medical care to unconscious patient. Tearing down house to prevent spread of fire.
