Priviledges Flashcards
Self-Defense
When a person reasonably believes that they are being or are about to be attacked, they may use such force as is reasonably necessary to protect against injury.
Defense of Others
a. When Is Defense Available?
One may use force to defend another when they reasonably believe that the other person could have used force to defend themselves
When Is Defense Available?
One may use reasonable force to prevent the commission of a tort
against their real or personal property. A request to desist or leave
must first be made unless it clearly would be futile or dangerous. The defense does not apply once the tort has been committed; however, one may use force in hot pursuit of another who has tortiously dispossessed the owner of their chattels because the tort is viewed as still in progress if the defendant is in the act of fleeing.
How Much Force May Be Used?
Reasonable force may be used. However, one may not use force causing death or serious bodily harm unless the invasion of property also entails a serious threat of bodily harm.
Shoplifting Detentions
A shopkeeper has a privilege to detain a suspected shoplifter for
investigation. For the privilege to apply, the following conditions must
be satisfied:
* There must be a reasonable belief as to the fact of theft
* The detention must be conducted in a reasonable manner and only nondeadly force can be used
* The detention must be only for a reasonable period of time and only for the purpose of making an investigation