Under what circumstances can the defence be relied upon


Problem 1. Various defences to crime were considered in our course materials and discussions. These include self-defence, mistaken belief in consent, and necessity. Choose one of these three defences and, based on your selection, answer the following questions: a. Under what circumstances can the defence be relied upon? Be sure to explain any legal tests and requirements that apply when a defendant attempts to rely on the defence. b. Do you agree that this defence should exist in Canadian law? Why or why not?

Problem 2. Consider the story told in the documentary "Sabrina's Law". a. With reference to the case that set out the modern concept of negligence/duty of care in tort law, explain whether you think that Sabrina's parents could have successfully sued Sabrina school for Sabrina's death. Why or why not? b. Would your answer (to part a) be different if the same situation happened in Ontario today? Why or why not? c. Based on what you saw in the film, what specific legal requirements do you think should be placed on schools in order to ensure the safety of students who have life-threatening food allergies?

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