Analytically there is no valid legal justification

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Analytically, there is no valid legal justification for this decision. Case is decided for policy reasons. The ct. wants to allow parents the freedom to do things for the “good” of their
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7 adult children. Consequently the rule from this case is very narrow and specific and relates to cults. Hackbart v. Cincinnati Bengals, Inc. (10 th Cir. 1979) There is actual intent in this case. Clark admits that he meant to hit P, but there was no penalty because no one saw. This case is about the players’ safety in the game. Just because one consents to play an inherently violent game does not mean that one consents to be physically beaten beyond the rules and the scope of the game Peterson v. Sorlien -Can you give relevant consent if you are impaired? Intoxication, Mental Impairment, Children (Minors), -Consent often not valid in these situations -Consent is quasi-contractual -Consent can also be negated by fraud, duress Uninformed Consent--when one consents, but does not know what they are consenting to. In a medical case, it is only a battery if there is NO consent c. SELF DEFENSE—Defense of self or of others i. REASONABLE BELIEF (objective standard) ii. REASONABLE FORCE AGAINST IMMINENT THREAT OF DEATH OR SERIOUS BODILY HARM 1. Reasonable (Can only use deadly force when threatened with imminent death or serious bodily harm) 2. Retreat if reasonable to do so (do not have to retreat in home or in car) Deadly force is force that is reasonably capable of causing death OR serious bodily harm. Reasonableness is considered according to an objective standard under the circumstances (RPP) You do not always have to attempt to retreat where it is otherwise reasonable to do so - there are places where you do not have to retreat from – i.e. your car, your home. Roberts v. American Employers Insurance Co. (La. Ct. App. 1969) Issue in this case is reasonable force—when and how much? P shot by arresting police officer in an ostensibly nonviolent situation. When the privilege of self defense is claimed in a tort action, the reasonableness of the threat and the degree of force appropriate to protect against injury are matters of fact that must be determined on a case by case basis. The question of reasonableness of force is usually the big issue with self-defense claims. FACTORS in SELF-DEFENSE (according to Roberts) Size Age Knowledge by the def. of a violent history Threatening gestures/ conduct
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8 d. DEFENSE OF PROPERTY i. Can never use deadly force (life more important) ii. Force must be reasonable iii. Shop owners privileged to reasonably detain shoplifters iv. Hot pursuit doctrine—Can pursue if see another taking chattel; but must be immediate. If P catches D in pursuit, reasonable force may be used Katko v. Briney (Iowa 1971) D rigged a spring gun to protect his unoccupied farm house from intruders. Two petty thieves came in to take old bottles for antique collection. P opened bedroom door and spring gun went off and blew off much of his leg. Rule: a property owner
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