Defense of Property

Question 1

Defense of Property

Answer 1

Defense of property allows the plaintiff privilege to defend property through “reasonable” force when a defendant presents a threat or harm to the property owner.

Question 2

Exceptions:

Answer 2

The privilege is lost if the defendant is mistaken about the need for force—for example, if he is wrong about the fact that the plaintiff has actually taken the chattel.

Question 3

Deadly Force:

Answer 3

Homeowners can only use deadly force to protect against trespassers, when trespassers threaten death or serious bodily injury against them

Question 4

Force

Answer 4

The force used must be of a kind appropriate to the defense of the property;