Provocation in Tort Liability: A Time for Reassessment

  • S.K.N. Blay

Abstract

In Common Law, the general view is that provocation is no defence as such to tort liability; whatever effect it has, is limited to the mitigation of aggravated or exemplary damages. The rationale for this is not clear but the view commands substantial support.1 Thus it seems to be the case in Australia, that no matter how provocative the conduct of the plaintiff may be he is assured of compensatory damages in a tort action against the defendant unless the defendant can rely on self-defence where the circumstances permit.

Downloads

Total Abstract Views: 876  Total PDF Downloads: 1940

Published
Dec 1, 1988
How to Cite
BLAY, S.K.N.. Provocation in Tort Liability: A Time for Reassessment. QUT Law Review, [S.l.], v. 4, p. 152-159, dec. 1988. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/299>. Date accessed: 24 feb. 2020. doi: https://doi.org/10.5204/qutlr.v4i0.299.
Since 2015-12-04
Abstract Views
1413
PDF Views
3147
Until 2015-12-04:
Abstract Views
683
PDF Views
2697