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UNAVOIDABLE NECESSITY [1 record]

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Record 1 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)
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