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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 12 June 2024

p. 32213. Defences to intentional torts against the person or propertylocked

p. 32213. Defences to intentional torts against the person or propertylocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter examines the types of defence that can be used to counter claims for intentional torts against property or person (although they might be applicable to other torts as well). It explains that defences to these torts can be placed within a threefold system. The first category consists of absent element defences (a successful plea means that the tort has not been committed), the second comprises justification defences (meaning that there was reason to commit the tort), and the third contains public policy defences (which means that the interests of the state intrude so as to deprive the claimant of an action).

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