Defenses: Emergency

Question 1

Emergency Rule

Answer 1

One who finds himself in a place of danger is required to act without time to consider the best means that may be adopted to avoid the impending danger is not guilty of negligence, if he fails to adopt what subsequently and upon reflection may appear to have been a better method unless the emergency in which he finds himself is brought by his own negligence.

Petitioner certainly cannot be expected to act with all the coolness of a person under normal conditions.

Question 2

Good faith

Answer 2

Honest intention to abstain from taking an unconscionable and unscrupulous advantage over another. Opposite of fraud and its absence should be established by convincing evidence.

Question 3

Damnum Absque Injuria (Public Officers)

Answer 3

Mistakes concededly committed by public officers are not actionable absent any clear showing that they were motivated by malice or gross negligence amounting to bad faith.

Question 4

Requisites

Answer 4

In order that the law will give redress for an act causing damage, the act must be not only hurtful, but also wrongful.

First breach of some duty and the imposition of liability for that breach

Question 5

Damage v. Injury

Answer 5

Damage - loss, hurt or harm which results from the injury

Injury - illegal invasion of a legal right

Question 6

Damnum Absque Injuria

Answer 6

There can be damage without injury in those instances where the loss or harm was not the result of a violation of a legal duty.