TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

TRESPASSORY HARM [6 records]

Record 1 2015-06-10

English

Subject field(s)
  • Tort Law (common law)
  • Offences and crimes
CONT

It was of little moment whether trespassory harm or nuisance was occasioned by intentional or negligent misconduct, so long as the primitive requirements of causation were met...

French

Domaine(s)
  • Droit des délits (common law)
  • Infractions et crimes

Spanish

Save record 1

Record 2 2015-05-26

English

Subject field(s)
  • Tort Law (common law)
CONT

It was of little moment whether trespassory harm or nuisance was occasioned by intentional or negligent misconduct, so long as the primitive requirements of causation were satisfied and the loss was of a kind for which the law was prepared to grant redress in accordance with the prevailing standards of a socially and economically undeveloped community.

French

Domaine(s)
  • Droit des délits (common law)

Spanish

Save record 2

Record 3 2012-06-08

English

Subject field(s)
  • PAJLO
  • Offences and crimes
CONT

... trespassory harm was prima facie wrongful and it was for the defendant to raise any issue of justification or excuse, such as self-defence or unavoidable necessity.

OBS

self-defence: [The criminal code at section 34(1) mentioned:] Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

French

Domaine(s)
  • PAJLO
  • Infractions et crimes
DEF

Droit de riposter par la violence à une infraction actuelle, injuste, dirigée contre soi-même ou autrui.

OBS

légitime défense : [Le Code criminel à l'article 34(1) mentionne ce qui suit] : Toute personne illégalement attaquée sans provocation de sa part est fondée à employer la force qui est nécessaire pour repousser l'attaque si, en ce faisant, elle n'a pas l'intention de causer la mort ni des lésions corporelles graves.

OBS

légitime défense : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).

Spanish

Save record 3

Record 4 2011-07-14

English

Subject field(s)
  • Tort Law (common law)
CONT

In some circumstances, a person is privileged to invade the interests of another for the purpose of preventing harm either to his own interests or those of a larger section of the community, if the threatened harm is substantially equal to or greater than that which he intends to inflict. This defence (is) known as "necessity" ....

CONT

... trespassory harm was prima facie wrongful and it was for the defendant to raise any issue of justification or excuse, such as self-defence or unavoidable necessity.

French

Domaine(s)
  • Droit des délits (common law)

Spanish

Campo(s) temático(s)
  • Derecho de ilícitos civiles (common law)
Save record 4

Record 5 1987-11-13

English

Subject field(s)
  • Tort Law (common law)
CONT

... it seems barely open to serious debate that claims for accidental trespassory harm must today meet the modern conditions of liability for unintended injury stemming from the competing action on the case.

French

Domaine(s)
  • Droit des délits (common law)

Spanish

Save record 5

Record 6 1987-11-12

English

Subject field(s)
  • Tort Law (common law)
CONT

Trespass is primarily an intentional wrong; and it seems barely open to serious debate that claims for accidental trespassory harm must today meet the modern conditions of liability for unintended injury stemming from the competing action on the case. This has a bearing both on the requirement of damage and the question of liability without fault.

French

Domaine(s)
  • Droit des délits (common law)

Spanish

Save record 6

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