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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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.
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This chapter explains the justifications of self-defence, the prevention of crime, and other ‘public or private defences’, the justification of self-help, and the excuses of duress by threats and duress of circumstances. It also examines when necessity can provide a justification for otherwise criminal conduct and whether a defendant can be excused through superior orders.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of consent; self-defence (which includes using reasonable force in the defence of oneself, defence of others, of property, and the prevention of crime); and duress (which consists of being compelled to commit a crime to avoid death or serious harm in a situation of immediacy where there is no route of escape). Duress is an excusatory defence; consent and self-defence are justificatory defences. If the defence of necessity does exist separately to the defence of duress, it is a justificatory defence.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of consent, self-defence (which includes using reasonable force in the defence of oneself, defence of others, of property, and the prevention of crime), and duress (which consists of being compelled to commit a crime to avoid death or serious harm in a situation of immediacy where there is no route of escape). Duress is an excusatory defence; consent and self-defence are justificatory defences. If the defence of necessity does exist separately to the defence of duress, it is a justificatory defence.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Dowds [2012] EWCA 2576, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Chapter
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
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David Ormerod and Karl Laird
This chapter considers general defences other than those focused on the mental condition of the accused, and looks at cases where the defendant will usually have performed the actus reus with the appropriate mens rea. These general defences include infancy (children less than ten years old and children ten years old and above), duress, necessity and orders of a superior. The chapter also discusses public and private defence (‘self’-defence), the statutory ‘clarification’ of these defences, the controversy over householder self-defence, force used in the course of preventing crime or arresting offenders, force used in private defence, entrapment and impossibility.
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Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses general defences of duress, necessity, and private defence and prevention of crime. Duress relates to the situation where a person commits an offence to avoid the greater evil of death or serious injury to himself or another threatened by a third party. Necessity relates to the situation where a person commits an offence to avoid the greater evil to himself or another, which would ensue from objective dangers arising from the circumstances in which he or that other are placed. An accused charged with a violent offence may seek to plead that he acted as he did to protect himself, or his property, or others from attack; or to prevent crime; or to effect a lawful arrest.
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This chapter looks at the relevant statutory and non-statutory defences to copyright infringement. Defences against copyright infringement usually take the form of the so-called exceptions and limitations to copyright, which are meant to enhance and maintain a balance of interests between copyright holders and users. Exceptions allow individuals to carry out an exclusive act in relation to a copyright work, without asking authorisation from the copyright holder and without having to pay remuneration. Limitations, on the other hand, allow individuals to carry out an exclusive act in relation to a copyright work in return for paying remuneration to the copyright holder. The chapter then sets out the principal general copyright defences — which are discussed under the umbrella term of ‘fair dealing’ — and indicates which categories of work are covered by which defence and the requirements attached to each.
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This chapter examines how statutory obligations occasionally give rise to private actions in tort. It explains that a breach of a statutory duty will not automatically confer a right of action on anyone adversely affected by it (and that it does not necessarily ground an action for negligence either). The chapter sets out the relevant elements of the statute-based tort, noting that the claimant must prove both that he was intended by Parliament to be protected as an individual and that the protection was aimed at preventing the kind of loss he suffered. If these elements are fulfilled, he will be entitled to compensation for loss. Defences specific to this area of law are considered also.
