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Another reason to hate lawyers
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[quote]QUOTE: <i>Originally posted by Junctionfan</i> <br /><br />I'm in full agreement with you LC. Overmod, in Canada if someone broke into my home and I bashed him over the head with a heavy object; chances are the police would charge the dope with B&E and so would not be eligable to sue me because I would be defending my property not to mention my family. In the U.S where gun licencing is legal, the use of a gun from what I understand is perfectly legal provided that they entered your property without permission and as far as I know, looks to pose a threat (Need confirmation from L.C, EdBlysard or Gabe here). <br /> <br />A part from that; if CN smokes some dimwit foolish enough to walk on their tracks and they manage to survive, the only suing that takes place is CN doing it. I know Canadian laws and U.S laws differ but surely to God they are similar if not identical concerning tort law in this area. <br />[/quote] <br /> <br />WHOA there Andrew! That is EXACTLY what I did NOT say. First of all, each application of force has to be judged on its own merits. The reasonableness of the force will be judged and if anyone is found to have used unreasonable force can be expected to be charged with the appropriate crime. For example one who shoots an unarmed cat burglar to death in his home when he could have just as easily locked him in a closet and called police may expect to charged with a homicide of some variety and stands a good chance of being convicted. It is all dependent upon the facts and circumstances. <br />Defending property or even other people only goes so far. I don't recommend it as a practice. It can yield very unexpected results. <br /> <br />LC
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