Provocation in Tort Liability: A Time for Reassessment
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.
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: 01 feb. 2021.
doi: https://doi.org/10.5204/qutlr.v4i0.299.
Section
Articles - General Issue
Since 2015-12-04
Abstract Views
1689
PDF Views
3765
Until 2015-12-04:
Abstract Views
683
PDF Views
2697
Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Articles in this journal are published under the Creative Commons Attribution Licence (CC-BY). This is to achieve more legal certainty about what readers can do with published articles, and thus a wider dissemination and archiving, which in turn makes publishing with this journal more valuable for authors.
