Intentional Tort Privileges Flashcards
Self-Defense
a. Self-defense extends to all reasonable force to prevent any harmful or offensive threat or any confinement whether intentional or negligent.
b. Can’t be used for deadly force
c. Must be an imminent threat – if the threat has already ended, D cannot assert self-defense privilege
d. If the threat is non-deadly force, there is no privilege to use deadly force.
e. Anticipatory self-defense is not valid.
Defense of Third Person
a. If the person defended was not actually privileged to defend himself, then D is still subject to liability.
b. No privilege to resist a legal arrest, so person cannot defend legal arrest.
c. Put D in the shoes of the third party – is third party able to defend themselves?
i. If yes – D may defend third person
ii. If no – D may not defend third person
Defense of Property
a. A person can use non-deadly force to protect his property, but he must ordinarily give warning when any force is used, there must be reasonable belief that force is necessary, and the force itself must be reasonable under the circumstances.
b. ELEMENTS per Binder:
i. Any force used must be reasonable
ii. Warning must be given before force is used
iii. Reasonable force does not include deadly force
iv. D can’t do indirectly what D can do directly
Privilege to Recover Chattels
a. Can’t resort to self-help if owner can get law enforcement
b. A person can resort to self-help if there is not enough time to resort to the law so long as the chattel was wrongfully dispossessed and the owner attempts to recover it in fresh pursuit.
i. Can only use force reasonable in the circumstance
ii. Look to see whether the person had time to contact the police; whether the person waited before they chased after them
Shopkeepers Privilege
a. If shopkeeper has reasonable cause to believe one has shoplifted, the shopkeeper may detain and interrogate the person to investigate the possible theft only if it is done in a reasonable time and manner.
i. Typically a defense against false imprisonment
ii. False imprisonment conclusion would be: While the elements are satisfied for false imprisonment, there is a shopkeeper’s privilege that the store is going to use, therefore, there is no false imprisonment.
b. ELEMENTS per Binder:
i. Reasonable time
ii. Reasonable manner
iii. Reasonable grounds
iv. For the purpose of interrogating
c. If the officer makes a separate interrogation, that removes the liability from the store.
Arrest for a Crime
a. Private citizen -> Private citizen may arrest without a warrant if someone has committed or is committing a felony, but there must have been an actual felony committed.
Arrest for Crime: Officer with a warrant
An officer is privileged to arrest pursuant to a warrant if such warrant is valid on its fact.
Arrest for Crime: Officer without a warrant
An officer is privileged to arrest without a warrant if one has committed, is committing, or attempt to commit a felony or if the officer has probable cause that a felony was committed.
Arrest for Crime: Breach of Peace
Police officers and private citizens have a right to arrest without a warrant if a breach of peace was committed in their presence.
Justification
i. Person’s actions were justified under the circumstances, whether it was to prevent another from inflicting personal injuries or interfering with or damaging real or personal property in one’s lawful possession or custody.
Justification: Hail Mary Privilege
can pretty much throw this privilege on every time and see what happens; typically used when other defenses are unavailable
Justification: Question of Fact
jury determines whether the actions were justified on the circumstances
Justification: School teacher privilege
A teacher is privileged to use reasonable force to maintain discipline and promote children’s welfare.
1. Elements:
a. Good intentions
b. Reasonable
c. Punishment is proportional to the child’s behavior
Necessity: Public
A person is privileged to enter or destroy another’s property or to detain person if it appears to be necessary to prevent public disaster.
1. Taking action to protect the entire community or so many that the public interest is involved
2. No compensation has to be paid
Necessity: Private
A person may enter another’s land and interfere with another’s chattel where it appears necessary to protect oneself or a private party from death or serious harm.
1. Harm prevented must exceed the harm caused
2. Person must pay for damages
3. Necessity is used for the destruction of property/chattels
