Common use of Trigger Clause in Contracts

Trigger. This would be a case in which a physician fails (or refuses) to provide adequate symptom control, which causes V to suffer greatly.58 In such circumstances V’s suffering is the product of a thing done by the physician, as well as her medical condition. Thus the human agency requirement is met, which, if coupled with the analysis of gravity of circumstance and sense of being wronged above, might make out the CJA 2009, section 55(4) trigger in the event of D losing control and killing V (or the physician). Of course, even if D could show that her killing resulted from a loss of control that had the CJA 2009, section 55(4) trigger, the jury might still reject the defence on the grounds that a person of ‘D’s sex and age, with a normal degree of tolerance and self restraint’ would not have reacted as D did in the circumstances.59 In respect of this objective element, it is submitted that killing a loved one in the circumstances described in order to relieve suffering is not obviously outside the bounds of reasonableness, and may be as excusable as the angry killing of an obstinate physician, if not more so.