LAW 122 Study Guide - Final Guide: Seat Belt, Contributory Negligence, Intentional Tort
2 Apr 2017
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Self-defence (more for the tort of battery and assault) Definition: right to protect oneself from actual and threatened violence. Defence to torts of assault and battery. Available only if person at immediate risk. Limit on defence - cannot use more force than necessary in circumstances. Limits to defence of property (tort of trespass) Force used to respond to threat must be proportionate and reasonable. Self-defence and defence of third party are broadly defined because they protect human life and well-being. There is more room for the use of force, even lethal force. But the defence of property is less generous. If only threat is to land and chattels, may never be reasonable to deliberately cause death or serious injury. Plaintiff consented to interference with his/her body, property, or land. There is implied consent in limited cases, e. g. , implied consent to receive life-saving assistance unless evidence to the contrary (dnr orders: do not resuscitate).
