From 229f9b09cba6fdc82a75e5a0ead604696a865eab Mon Sep 17 00:00:00 2001 From: wellspringcp <69349872+wellspringcp@users.noreply.github.com> Date: Wed, 7 Apr 2021 15:05:46 +1000 Subject: [PATCH] Update 15-05-tenancy-health-and-safety.md --- 15-torts-and-coordination/15-05-tenancy-health-and-safety.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/15-torts-and-coordination/15-05-tenancy-health-and-safety.md b/15-torts-and-coordination/15-05-tenancy-health-and-safety.md index d169cd3..fd6e1b0 100644 --- a/15-torts-and-coordination/15-05-tenancy-health-and-safety.md +++ b/15-torts-and-coordination/15-05-tenancy-health-and-safety.md @@ -25,6 +25,6 @@ This cause of action shall not be available for: - Such harms and hazards caused by the tenant's manipulation or use shall in fact form the basis of liability for the tenant in tort. - Tenants seeking to do engage in potentially harmful manipulations or uses should procure agreement from their landlord in writing. -## Defense: Nature still reigns over humankind: +### Declaratory relief: Nature still reigns over humankind: Should judgment proceed in favour of the defendant, an additional declaratory relief shall be granted if the plaintiff was unable to show that a good faith method of ameliorating the harm existed. And the judgment now being on record, it may inform the residents of the area that the particular harm complained of is a hazard that comes with the territory, which has no human solution as yet, and must be factored into the decision of tenants in that environment; until such time that a good faith method is demonstrated before the courts.