The flashcards below were created by user
CaptainSeb
on FreezingBlue Flashcards.
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defence
the collected facts and method adopted by a defendant to protect against and counter a plaintiff’s action
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discoverability rule
a rule that allows plaintiffs to sue outside the limitation period where the information needed to support a suit was unavailable within that period
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limitation period
a period defined by statute within which a plaintiff must commence his or her claim
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mitigating factor
a defence available to a defendant who was provoked into committing an alleged tort in which the court still finds the defendant liable, but may reduce the damages to reflect the plaintiff’s share of fault
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provocation
a defence available to a defendant who was faced with a sudden act or an insult that would make a reasonable person lose self-control
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self-defence
justifiable self-protection when a person reasonably perceives a threat and responds in a reasonable manner
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waiver
1. a voluntary agreement to relinquish a right, such as a right under a contract 2. a form of express written consent
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