Private defence in the law of delict refers to the right of an individual to use force to protect themselves, their property, or another person from imminent harm or danger. In other words, it allows a person to defend themselves against an attack or threat without being held liable for any harm caused to the attacker.
Private defence is justifiable when the following conditions are met:
1. Immediacy of threat: The threat must be imminent and immediate, and there must be no alternative means of avoiding the harm.
2. Proportionality of response: The force used in self-defence must be proportionate to the threat faced. Excessive force will not be justified under the law.
3. Necessity: The use of force must be necessary to protect oneself or others from harm. If the threat can be avoided or neutralized through other means, such as calling for help or fleeing the scene, then private defence may not be justifiable.
4. Reasonable belief: The person using force must have a reasonable belief that they or someone else is in imminent danger of harm. This belief must be based on the circumstances as they reasonably appear to the person at the time of the incident.
If these conditions are met, then a person may be justified in using force to defend themselves or others from an attack under the principle of private defence in the law of delict.
2 What is private defence in the law of delict and when is private defence
against attacks justifiable.
1 answer
1 answer