Can provocation constitute contributory negligence in a tort action for assault?

Alberta, Canada


The following excerpt is from King v. Gross, 2008 ABPC 94 (CanLII):

In Wilson v. Bobbie, Slatter J. stated at paragraph 1: The underlying issue is whether provocation can constitute contributory negligence in a tort action for assault, or whether provocation otherwise reduces damages.

Other Questions


What is the test for contributory negligence under the Contributory Negligence Act? (Alberta, Canada)
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
Are there any allegations of sexual assault, sexual assault or sexual assault against a minor? (Alberta, Canada)
What is the test for negligent misrepresentation in the context of medical negligence claims? (Alberta, Canada)
Can a defendant be convicted of assault with a deadly weapon upon a peace officer for assault with intent to murder? (Alberta, Canada)
Is an expert opinion required to start the limitations period running in a medical negligence action? (Alberta, Canada)
What is the test for determining whether a delay in taking the action constitutes a bar? (Alberta, Canada)
What is the meaning of intent without corresponding action in a divorce action? (Alberta, Canada)
Can events arising from a prior action be the foundation for a new action? (Alberta, Canada)
Is there a cause of action against a government authority for negligent breach of statutory duty? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.