1 trying to reconcile allowing individuals to

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Childhood: Voyages in Development
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Chapter 1 / Exercise 14
Childhood: Voyages in Development
Rathus
Expert Verified
(1) Trying to reconcile allowing individuals to exercise self-help and letting them go too far ii) Haeussler v. De Loretto —P went to D’s house to inquire about his lost dog; P started an argument & advanced towards D; D asked repeatedly that P leave; D ultimately struck P. Found that D had successfully pled & litigated self-defense: when a person is involved in an altercation w/ another, he has the right to use reasonable force to protect himself from bodily harm. f) May also use force to protect a third party . Cannot use third party as your defense, however (pull them in front of the gun, e.g.) 5) D EFENSE & R ECAPTURE OF P ROPERTY a) There is privilege to defend property (real & personal property) similar to privilege to protect oneself b) Reasonable force —property owner may use only as much reasonable force as is necessary to protect the property. c) Trespass tangible entry onto another person’s property (without permission). Preventative, defensive use of force here. i) Katko v. Briney —P & friend went into unoccupied, bordered-up house where D had (after other break-ins and no official assistance) rigged up a shotgun; P’s ankle is blown off. P brings case for battery. Court finds property owners are not allowed to use excessive force (causing death/serious bodily injury) to protect their property interest unless it is to prevent felonies or when human life is in danger. Owner is not justified in using mechanical devise to cause potentially deadly force to protect property when such force would not be allowed if owner was actually present. Privileging bodily integrity over property integrity. ii) Owner may only use a devise if he would be privileged to use a similar degree of force if he were present and acting himself d) Battery & trespass —since trespass involves a legal right, there is always a legal harm, and damages represent this harm. State will vindicate property rights and prevent people from taking action themselves deterrence & corrective justice rationale : give property owners faith in the state 7
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Childhood: Voyages in Development
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Chapter 1 / Exercise 14
Childhood: Voyages in Development
Rathus
Expert Verified
e) Trespass to chattel someone intentionally takes possession of or takes the personal property of another. i) More limited than defense to real property—owner is becoming the aggressor, rather than defender; it is reposessive. ii) Privilege to use force only exists if the taking was wrongfully taken from the owner (1) Jones v. Fisher —P worked for Ds, who lent her money to buy a dental plate; P then quit & when she returned to pick up her last check, Ds demanded repayment in full, and when P refused, Ds grabbed her and removed the dental plate. Jury found Ds had committed assault & battery; Court reduced damage awards. (a) Ds are not allowed to take the dental plate lack of fair notice, done violently f) Defense v. recapture of property —if property is only momentarily seized, owners may use force to remove seizer qualified privilege i) If occupier is one who enjoys “peaceable nontransitory possession” (i.e. tenant) then owner should use court system point is to encourage people to use courts, not force.

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