Jason was bullied on a daily basis by Louie Louie's behavior was well known by the school, the professor etc >already expelled him > his behavior has not changedBUT > can be overturned by last clear chance doctrine = defendantmay still be liable for the plaintiff’s injuries, if the defendant had the “lastchance” to avoid the injury, even if the plaintiff was partly liable. oWe can thing of defense of property => permit property owners to use areasonable threat or reasonable force in order to defend their own property fromvandalism or theft. However, there are limitations to this privilege, and adisproportionate use of force will not insulate you from a civil battery claim inmost jurisdictions. Louie was bending over to retrieve something from his locker. oChildhood abuse > Jason does not have the same standard of self-defense A few jurisdiction had recognized contributory negligence as a defense to batteryclaims > apportion fault btw the parties on a percentage basis.C)Defense of others-At early common law > defense of others limited to family and household.-Nowadays > the privilege extends to protecting total strangers too-The actor need only a reasonable belief that the person being aided would have the right of SD.Even if the person aided has no defense, his defender is not liable as long as he reasonablybelieved that the person aided could have used force to protect himself. -If the attack imperils the life of the 3rdperson, the intervenor can use deadly forceoEXC = intervenor is mistaken by who is the aggressor or the nature of the threat If intervenor is mistaken by who is the aggressor or severity of the threat > theprivilege is unavailable if it would not be available to the person to be protectedIn this case > weight of authority is to say that the intervenor's privilege isderivative > intervenor may use only the force that the person to be protectedcould legally use-In contrast > Restatement 2ndof Torts §76: oThe intervenor's privilege is independent of that held by the person to be protectedoIntervenor can use reasonable force to protect a third party as long as he reasonablybelieves that the intervention was necessary and that the 3rdparty would be privilegedto use self-defense is able to do so. 8
D)Defense of propertya)When is defense available? 1)Request to desist usually required -A request to desist must precede the use of force, unless the circumstances make it clear thatthe request would be futile or dangerous. 2)Effect of mistake -Reasonable mistake is allowed as to the property owner’s right to use force in defense ofproperty where the mistake involves whether an intrusion has occurred or whether a request todesist is required. -However, mistake is not allowed where the entrant has a privilege to enter the property thatsuperseded the defense of property right. In such case the property owner is liable formistakenly using force against a privileged entrant unless the entrant himself intentionally ornegligently caused the mistake.
You've reached the end of your free preview.
Want to read all 102 pages?
- Fall '06
- Tort Law