LAW 122 Lecture 3: Torts Part 2
16 Oct 2015
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Document Summary
Defence of property: must use reasonable measures to protect property. Principle the law values human life and wellbeing over property. If only threat it to property, it may never be reasonable to deliberately cause death or serious injury. In retail, when removing/ arresting trespassers/ thieves must use force and be of last resort. Definition: defendants actions are justified by an emergency. Doctor giving urgent medical care to unconscious patient: ex. Tearing down house to prevent spread of fire. Partial defences to intentional torts: allows court to reduce damages on basis of plaintiff"s own responsibility for injury, applies to intentional and negligent torts includes, provocation, contributory negligence. Contributory negligence: most common defence to torts, canadian jurisdiction divided: Nuisance vs trespass: trespass requires the defendant to physically be on / under /above plaintiff land; or to physically put something onto / over/ under plaintiff"s land.
