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7 Cards in this Set
- Front
- Back
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Consent |
May be express or implied through words or conduct. Need not be communicated to the actor. Defendant’ actions Can not exceed the bounds of he consent given. |
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Privilege |
Necessity: a defendant is not liable for harm to the plaintiff’s real or personal property if the defendant’s acts were necessary to prevent serious harm to a person or property. Public necessity is when the D acts for the public safe. Private necessity is incomplete privilege because the defendant will be liable for any damages caused unless the the purpose was to help the plaintiff. |
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Self- defense and defense of others |
A defendant is not liable for harm to the plaintiff if he reasonably believed that the plaintiff was going to harm him or another and used reasonable force that was necessary to protect himself or another |
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Defense of property |
Reasonable force but never deadly force |
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Recapture is chattels |
An owner of chattels wrongfully taken may take prompt action and use reasonable non- deadly force to recover the chattel from the wrongdoer. No force is deemed reasonable until the demand for return has been made, unless the demand would be dangerous or futile. |
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Detain for investigation |
Shopkeepers have a privilege of temporary detaining a person reasonably suspected of theft in or near their store for the purpose of investigation. Reasonable non- deadly force may be used to detain the individual, when a request to remain has been made and refused |
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Privilege to arrest |
Regulated by statute generally. When a crime is serious ( felony ) and if the defendant directly observed the crime when making the arrest. |
