Unauthorized Trespass Essay Example | Topics and Well Written Essays - 1000 words

Unauthorized Trespass - Essay Example It was around 2am when he heard the plaintiff plus another man attempting to break in. the defendant took his shotgun and loaded it, then he poked the barrel via a minute opening in the door, he fired and the plaintiff was hit at a close range of around 5feet on his upper arm, by the armpit and eventually into the chest. Plaintiff pleaded culpable to a number of offences which were committed at that night. Defendant was impeached on charges of injuring/wounding but was later acquitted. Not in favor of the defendant, the plaintiff claimed damages owing to infringement of duty of care in negligence and under Occupier’s Liability Act 1984(sec 1). Held: The defendant was found guilty of significant contributory negligence (one third) since he applied violence to the plaintiff that was beyond reasonable limits allowed for lawful self-defense. The plaintiff was awarded 4,033pounds as compensation for personal injuries, the defendant appealed but this was dismissed by the court of ap peal. The defendant should seek supporting evidence that the cause of action by the plaintiff was founded on illegal or immoral act, self-defense or accident. The property owner by applying comparative negligence as a defense should show that the plaintiff did not apply reasonable care for his own safety; and with reference to a new law that came into effect in 1996, in case the injured party is more than 50% fault for detriment lies with him/her, he/she cannot recover non-economic damages (Zweigert and Kotz 1998).