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For example, suppose that a group of terrorists kidnap A's family and instruct A to carry a large bomb into a crowded area as the price for the release of their family. If A carries out these instructions, making no effort to contact the police or to warn those in the danger area, the issue of liability for death and injury resulting depends on ...
In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. [4]
An example is that breaking into someone's home during a fire in order to rescue a child inside, is justified. If the same act is done in the reasonable but mistaken belief that there was a fire, then the act is excused. What is justified under a utilitarian perspective might be excused under a retributivist standpoint, and vice versa.
After getting “around 70 calls” from her sister, she decided to answer the phone, which was when she discovered there was a family emergency. “It got to the point where I had to answer.
Emergency law/right (nødret, nødrett) is the equivalent of necessity in Denmark and Norway.[1] [2] It is considered related to but separate from self-defence.Common legal examples of necessity includes: breaking windows and other objects in order to escape a fire, commandeering a vehicle to serve as an emergency ambulance, ignoring traffic rules while rushing a dying patient to a hospital ...
A judge told the parents of 27-year-old Ellen Greenberg, a Philadelphia teacher found dead with 20 stab wounds in 2011, that the city's declaration of suicide was "puzzling."
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No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortious conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith". No reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an ...