PRIVILEGES Defendant bears burden of proof.
SELF-DEFENSE Anyone is privileged to use reasonable force to defend himself against a threatened battery on the part of another. Elements: RETALIATION --Privilege of defense against threatened battery; when battery is no longer threatened, privilege terminates. REASONABLE BELIEF --Defendant must reasonably believe force is necessary to protect him against battery, even though there is in fact no necessity. * Reasonable mistake on part of actor will protect him. PROVOCATION --Oral abuse and overt hostile act, reasonably warranting an apprehension of imminent bodily harm. AMOUNT OF FORCE --Use of force must be limited to that which reasonably appears to be necessary for protection against a threatened battery; differences in age, size, and relative strength may be considered. RETREAT --Importance of dignity and honor of individual usually upheld over requirement that plaintiff retreat as far as possible. INJURY TO THIRD PARTY --Self-defense transfers with intent as long as there is no negligence on part of defendant.
PRIVILEGES Defendant bears burden of proof.
DEFENSE OF OTHERS Self-defense extends to third persons when force used is reasonable. Reasonable mistake of defendant: various jurisdictional views * Intervener steps into shoes of person defending and is liable to privileged only when that person would be privileged. * If intervener aids aggressor, he is liable. * Defendant is privileged to defend another even when he is mistaken in his belief that intervention is necessary, as long as mistake is reasonable. DEFENSE OF PROPERTY The value of human life and limb outweighs property interest of exclusion. There is not privilege to use death of great bodily harm against another who is seen just entering one’s land or meddling with one’s chattel, unless the trespasser is threatening death or great bodily harm to property owner.
---Katko v. Briney 1971: Defendant set spring gun in abandoned house in front bedroom in response to repeated trespassing. Plaintiff breaks into house and loses part of leg when shot. Holding: you can’t set a device to do what you couldn’t do in person—defend property with use of potentially deadly harm.
RECOVERY OF PROPERTY Limitations: * Requires prompt discovery of dispossession and persistent effort to recover chattel. * Force must be reasonable to circumstance; serious bodily harm not included. * Defendant must first make demand for property, unless such demand reasonable appears to be useless. * Loss due to reasonable mistake must fall on one who makes it.
---Hodgeden v. Hubbard 1846: Store owner acts promptly to get back stove ―bought‖ by plaintiff with no credit; though store owner was original aggressor in recovering stove, plaintiff drew a knife, justifying store owner’s holding him by force. ---Bonkowski v. Arlan’s Dept. Store 1968: If store owner reasonably believes patron shoplifted something, he can conduct reasonable investigation, even if search turns up nothing and his suspicion was a mistake.
PRIVILEGES Defendant bears burden of proof.
RE-ENTRY UPON REAL PROPERTY ―Forcible entry and detainer‖ – rightful owner can retake possession of his land only if he does not use force. Peaceful possessor may have claim for assault and battery for trespass to goods upon forcible entry by owner or for intentional infliction of emotional distress if owner’s entry is outrageous or extreme. NECESSITY PUBLIC NECESSITY Private rights of individual must yield to considerations of general convenience and interests of society. Compensation is not required. Defense available if: (1) Destruction is in fact needed AND, (2) If actor is public official, he must believe destruction needed; OR, if actor is private citizen, he must reasonably believe needed.
---Surocco v. Geary 1853: Defendant blew up house to stop spread of fire in San Francisco; but fire spread beyond plaintiff’s house. Plaintiff not held liable because of public necessity. Policy: to support action of city official in abating nuisance.
PRIVATE NECESSITY A person is entitled to use of property of another to protect his own, but must pay for damages. Private rights of individual which are taken are not abandoned—damages must be compensated.
---Vincent v. Lake Erie Transp. Co. 1910: Defendant tied his ship to plaintiff’s deck during storm which prevented him from leaving the harbor. Plaintiff held the boat throughout the storm, inflicting damage to his dock to save the boat. Defendant must pay, because he availed himself of plaintiff’s property for preservation of his own more valuable property.
AUTHORITY OF LAW If defendant is duly commanded or authorized by law to do what he does, he is not liable for doing it. DISCIPLINE Relationships in which necessity of some orderly discipline gives person of control the privilege of exercising reasonable force and restraint over the other.
PRIVILEGES Defendant bears burden of proof.