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Question 0

When is defense of property not available?

Answer 0

When someone has a privilege to enter the land because of necessity, recapture of chattels, etc, since that privilege supersedes the privilege of the land possessor to defend his property

Question 1

Is it true that deadly force is allowed to protect your home?

Answer 1

No, that is a misconception, deadly forced can only be used to protect a person

Question 2

What is the rule about mechanical devices to protect property?

Answer 2

Can be used only if they are reasonable and necessary and you provide adequate warning. Can’t use deadly mechanical devices

Question 3

What does authority mean?

Answer 3

Circumstance where defendant has a legal right to act

Question 4

What are the three situations where someone would have authority?

Answer 4

• parents/teachers to discipline
• shopkeepers to detain shoplifters
• arrest by proper legal authority

Question 5

What does breach of the peace mean?

Answer 5

Violent misdemeanor like assault

Question 6

What is necessity in tort?

Answer 6

You are allowed to interfere with the property interest of an innocent party in order to avoid a greater injury to the public, yourself, or your property

Question 7

When is defendant justified in his behavior for necessity?

Answer 7

If his action minimized the overall loss

Question 8

Necessity always applies to what kind of torts?

Answer 8

Property torts, but human life issues are stickier

Question 9

Can necessity apply to human injury?

Answer 9

Yes, but is very rare, it is usually only found when it is better to hurt a few people than a lot of people

Question 10

What is the standard to measure if necessity was appropriate?

Answer 10

A reasonable person in the same circumstance must have believed it was necessary

Question 11

Can a D be mistaken about whether necessity applies?

Answer 11

Yes as long as he reasonably believed it was necessary

Question 12

What are the two types of necessity?

Answer 12

Private and public

Question 13

What is private necessity?

Answer 13

The right to use another’s property in order to save your own property that is of greater value with an obligation to compensate the other for damages

Question 14

Is private necessity a complete or incomplete defense?

Answer 14

Incomplete

Question 15

What does it mean for private necessity to be an incomplete defense?

Answer 15

There is no tort liability but defendant is liable for any actual damages

Question 16

In private necessity, the harm avoided must be what?

Answer 16

Substantially greater than the harm inflicted

Question 17

Would it be okay to run across someone else’s land in order to get away from an attacker?

Answer 17

Yes, that would be private necessity because you inflicted a small harm compared to a much greater one

Question 18

What is an example of private necessity?

Answer 18

In a storm you can ruin a dock in order to save your expensive boat, but you have to compensate the dock owner

Question 19

What is public necessity?

Answer 19

When a potential harm to society necessitates the destruction of private property for the greater good

Question 20

Defendant can appropriate or injure private property to protect the community so long as what, for public necessity?

Answer 20

The threatened harm is severe

Question 21

Is public necessity a complete or incomplete defense?

Answer 21

Complete

Question 22

What does a complete defense mean for necessity?

Answer 22

Defendant isn’t liable for anything

Question 23

What is an example of public necessity?

Answer 23

Can blow up a private house to save the city from burning, and there’s no liability for that private loss