Sentence examples for defences apply from inspiring English sources

Exact(1)

For the right to be infringed, the author must show that they have not been properly identified, that this was in circumstances where the work should have been attributed, and that none of the exceptions or defences apply.

Similar(59)

Examples of public interest would include revealing or detecting crime … " Sky News believes this defence applies in the case of John Darwin.

The defence applied to the judge to rule out the prosecution case that the tweet was "menacing" on the grounds it had not been sufficiently proved and there was no intent on Chambers' part to cause menace.

There is an offence provisions and there are defences and if a person wishes to say that they are entitled to rely on one of those defences, they have what lawyers call an evidentiary onus to put material before the court to demonstrate that the defence applies to them," he said, citing the exemptions allowed to visit the areas.

However, complainants would not have to declare whether any such defence applied in their case.

The MPs and peers criticised the government for including a checklist to help the courts determine whether the defence applies, designed to supersede the so-called Reynolds defence.

The bill therefore "risks removing material from the internet, which, although it may be defamatory, may be lawful if a relevant defence applies", the report added.

The judges would no doubt be asked to rule that the defence should apply to husbands and cohabitants.

For that defence to apply, the judge explained: "Her will must have been overborne in the sense that she was impelled to commit the offence because she truly believed that she had no real choice but to do so".

The "fear of serious violence" defence could apply, for example, when a mother kills a man attempting to rape her daughter, a Ministry of Justice spokeswoman said.

For this defence to apply, the infringer must show that the dealing is for non-commercial research or private study, private study being defined by Section 178 as excluding any study directly or indirectly for commercial purpose; it therefore covers most academic purposes, but not things such as the use of a database in market-testing of new drugs.

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