Update 15-05-tenancy-health-and-safety.md

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wellspringcp
2021-04-07 15:05:46 +10:00
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@@ -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. - 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. - 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. 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.