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Originally Posted by Bear Lover
....I found this on the internet. Sounds like it's a recognized principle.....
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Force majeure is a legal concept normally applied in contractural and international law. In my many years experience, no one has ever twisted it enough to use as a defense in a court case I was involved with in this State.
The principal applied on occasion here is known as the doctrine of competing harms...in effect the wrong you commit is outweighed by the more grevious harm anticipated by the other party.
Would it apply in the case of placing a diving flag in front of your property to deter a possibility of an errant boater straying too close?
I would say given the facts presented here the answer is clearly no. There are a number of remedies readily available to address the situations previoulsy described.
Placing a swim raft, unapproved buoy or float out in the water to deter boating by altering their navigational path is also illegal.
You can do it, (as obviously some do) but you do so at your own risk. In this case a fancy legal term found on the internet will get you at best a chuckle from the Court if that's where you eventually land by taking some of the advice offered in this particular thread....
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