Intentional Torts - Affirmative Defenses to Intentional Torts - Self-defense

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

What is the overview and definition of Self-defence

Self-defence constitutes a defence which can justify and therefore negate intentional tort liability. In essence, reasonable force can be used where one reasonably believes that such force is necessary to protect oneself from immediate harm.
→ this is not a perfect definition! There are two weak spots:
  1. Reasonable force: it is going to be up to the jury/judge to figure out what reasonable in this case is.
  2. Reasonably believes
→ in both cases, you would not know beforehand what that third fictional person finds reasonable or not.

What are the three requirements of Self-defence?

  1. The threat must be immediate
  2. The victim's response must be reasonable
  3. The obligation to retreat from Deadly Force

What does it mean that the threat must be immediate in order to succeed with self-defence?

Self-defence must be in response to an immediate threat of harm. Or else, it is simply revenge.
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What does it mean that the Victim's Response Must be Reasonable in order to succeed with self-defence?

Self-defence is only justified if the individual reasonably believes that force is necessary to avoid an unlawful attack. The belief need not be correct, however. (if there is an unloaded gun being held in front of your face, your belief will completely be reasonable that you will be shot)

Force intended to inflict death or serious bodily injury is only justified if the individual reasonably believes she would suffer serious bodily injury or death from the attack.

What are the two known categories in the USA for self-defence?

If you are attacked in a way that is non-lethal, you can respond in a way that will not lead to death. What you are using does not matter!
If you are attacked in a lethal way, you can use anything that might be lethal for your attacker.

What is the overview of DEFENCE OF OTHERS?

A person can use reasonable force to protect a third person from immediate unlawful physical harm.

The modern trend and now majority view holds there is a privilege to use reasonable force to protect a third party whenever the actor reasonably believes a third part is entitled to exercise self-defence.

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