Day 2 Flashcards
When is there a privilege to use reasonable force in the defense of other (ie 3rd parties)
When the D reasonably believes that:
1. the circumstances are such that the third party has a privilege or self defense
and
2. D’s action is immediately necessary to protect the third party
What is the doctrine of private nessesicty?
a trespass to land is privileged when the intrusion is, or reasonably appears to be, necessary to protect oneself, third parties , or property from serious harm.
The landowner cannot stop the privileged trespass and is liable to the trespasser for damages resulting from any attempt to do so.
Trespass to chattles elements and types of interferance
T to C, occurs when the D intentionlly interferes with the P’s possession of a chattel through dispoessession, use or intermeddling (ie causing phyical contact).
Harm is inferred when the interferncd is through dispoession.
But when the intrference is through use or intermeddiling the P must prove one of the following:
1. actual harm to the chattel (ie imparment of it’s physical condition, quality or value)
2. substantial loss of use of the chattel or
3. bodily harm to P
When is a D privilged to use deadly force in self defnense.
A D is privileged to use deadly force in self defense if the D reasonable belives that
1. a person is intetntionally inflicting or about to intetntioanlly inflict unpriviliged force
2. suuch force puts D in peril of death or serious bodily harm, or rape
and
3. he/she can prevent the peril only be immediatly using deadly force
Trespass is..
the inetional entry onto another’s property without permission. The entry can occur on, beneath, or above the property
Battery intent requirment
Battery requires that a D act with the
1) purpose of causing contact with P
or
2) knowledge that such contact is substantially certain to occur.
IIED elements
D by extreme and outrageous conduct, intentionally/recklessly causes P{ severe emotional distress.
