Home / Summaries / Class notes - English for Law / property-force-serious

Affirmative Defenses to Intentional Torts - Self-defense - Defence of Property

Q: What is meant by reasonable force for defences against property?

Only reasonable force can be exercised in protection of property. Force intended to inflict death or serious bodily injury is never reasonable to protect merely property. Even slight force is unreasonable in defence of property if it is excessive. Consequently, if a verbal request would suffice, no force is justified.

6 important questions on Affirmative Defenses to Intentional Torts - Self-defense - Defence of Property

What is the overview of DEFENCE AND RECOVERY OF PROPERTY?

An individual is privileged to use reasonable force to prevent a tort against her real or personal property. However, unlike self-defence, a reasonable mistake will not excuse force that is directed against an innocent party.

What is meant by reasonable force for defences against property?

Only reasonable force can be exercised in protection of property. Force intended to inflict death or serious bodily injury is never reasonable to protect merely property.

Even slight force is unreasonable in defence of property if it is excessive. Consequently, if a verbal request would suffice, no force is justified.

What is meant by Defence of Habitation for defences against property?

The modern view is that the use of deadly force or force likely to cause serious bodily harm is not justified unless the intruder threatens the occupant's safety, by committing or intending to commit a dangerous felony on the property. Additionally, the homeowner may not eject a non-threatening trespasser or invited guest when doing so would subject that person to serious physical harm.

What is meant by the use of Mechanical devices for defences against property?

Intentional mechanical infliction of deadly force, such as by the use of spring guns, is not privileged unless, in fact, such force was justified to defend oneself or another from deadly force.
Barbed wire fences and similar deterrents to enter land unlawfully are not generally perceived as intended to inflict death or serious bodily injury but are often designed only to deter entry.

What is meant by Recovery of Personal Property for defences against property?

An individual may use reasonable force to recover property when in hot pursuit of the wrongdoer.

Example: A learns that B has stolen a stereo and is in possession of it. A may use reasonable force to reclaim the stereo if he acts immediately, but not if he waits, say, a week between learning that B has the property and attempting to regain it.

What is merchant's privilege?

Merchant's privilege allows stores to use reasonable force to detain a person for reasonable periods to investigate possible theft. The merchant's privilege generally allows reasonable mistake, so an innocent customer cannot recover against the store, provided the store acted reasonably.

The question on the page originate from the summary of the following study material:

English for Law

View summary