OTHER TORTS: DEFENSE OF PROPERTY

Question 1

General Rule for Defense of Property

Answer 1

Must ask to desist.

No deadly force allowed.

Question 2

Defense of property:

Re-entry on land

Answer 2

Wrongdoer → reasonable time and manner. Innocent party → reasonable time and peaceful
manner with notice.
If on land through owner’s fault → no privilege

Question 3

Defense of property:

Re-capture of chattel

Answer 3

May use force only if in hot pursuit.

May only recapture from tortfeasor or third party with knowledge of wrongful taking.

Question 4

Defense of property:

Re-entry on land

Answer 4

Wrongdoer → reasonable time and manner. Innocent party → reasonable time and peaceful
manner with notice.
If on land through owner’s fault → no privilege.

Question 5

Defense of property:

Re-capture of chattel

Answer 5

May use force only if in hot pursuit.

May only recapture from tortfeasor or third party with knowledge of wrongful taking.

Question 6

Defense of property:

Shopkeepers privilege

Answer 6

Shopkeeper may detain for reasonable time and
manner if reasonably believes person committed theft
in order to conduct an investigation.

Question 7

Defense of property:

Public necessity

Answer 7

If necessary to protect community as a whole, there is absolute defense for trespass and damages.

Question 8

Defense of Property:

Private Necessity

Answer 8

D may protect own interest only if emergency is not
of D’s own making.
Only a defense for trespass, but D still liable for actual harm.