deustroop
Golden Member
- Dec 12, 2010
- 1,915
- 354
- 136
DECISION: Case dismissed
Written Reasons to be released within 10 days
Oral Reasons From the Bench : It has been a legal precept since at least the 17th century, that no one may enter a home, unless by invitation. This was established as common law: A man's home is his castle and if uninvited, you trespass at your own risk. While it goes averred that a home owner is not licensed thereby to bring the wrath of god on an innocent intruder, let the general principle be undeterred in these circumstances. The plaintiff entered to do harm and was hisself harmed in return. Both irony and the principle above enunciated confirm the decision of the Court.The normally harmless noise caused by the defendant's device may well have caused some of the harm alleged but since my decision on liability finds for the defendant I need not rule on damages .
Costs to the defendant . Please make submissions within 7 days.
Written Reasons to be released within 10 days
Oral Reasons From the Bench : It has been a legal precept since at least the 17th century, that no one may enter a home, unless by invitation. This was established as common law: A man's home is his castle and if uninvited, you trespass at your own risk. While it goes averred that a home owner is not licensed thereby to bring the wrath of god on an innocent intruder, let the general principle be undeterred in these circumstances. The plaintiff entered to do harm and was hisself harmed in return. Both irony and the principle above enunciated confirm the decision of the Court.The normally harmless noise caused by the defendant's device may well have caused some of the harm alleged but since my decision on liability finds for the defendant I need not rule on damages .
Costs to the defendant . Please make submissions within 7 days.
