To Establish the Defence of 'Necessity' the Defendant Must Prove

question 12

Multiple Choice

To establish the defence of 'necessity' the defendant must prove:

• A)The interference was neither intentional nor negligent.
• B)The plaintiff either expressly or impliedly agreed to the trespass.
• C)The trespass was required to protect life, land or goods from imminent and real harm.
• D)The trespass was necessary to protect the defendant from imminent physical harm by the plaintiff and was proportionate to the threat.

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Definitions:

Presbycusis

Age-related hearing loss, gradually occurring in individuals as they grow older, affecting the ability to perceive or understand sounds.

High-Pitched Sounds

Sounds that are high in frequency, typically perceived as shrill or squeaky by the human ear.

Atonia

A condition characterized by a lack of muscle strength or muscle tone, often occurring during sleep phases such as REM sleep.

Pertussis

Also known as whooping cough, a highly contagious bacterial disease causing severe coughing fits and difficulty breathing.