LAW 122 Chapter Notes - Chapter 4-5: False Imprisonment, Tort, Caveat Emptor
2 Feb 2020
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2 different types of defences that can apply to intentional torts: full (complete) defence: Definition: protects the tortfeasor (defendant) from all liability: self-defence, defence of property, consent, necessity, legal authority a(i). Definition: right to protect oneself from actual and threatened violence. Defence to torts of assault and battery. Available only if a person at immediate risk. Limit on defence force must be reasonable; cannot use more force than necessary in circumstances; all in respect to nature of the threat, the presence of weapons, the possibility of a non-violent resolution, and so on. Gambriell v caparelli, a mother, honestly believing that her son was being choked, was not liable for hitting the attacker on the head with a garden rake. Self-defence and defence of a third party are broadly defined because they are aimed at protecting human life and well-being as such, there is more room for the use of force, even lethal force.
