Provocation in Tort Liability: A Time for Reassessment
AbstractIn 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.
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