1. Self Defense - Non Death or Serious Bodily Harm
1.1. Subjective Test
1.1.1. D must show he believed:
1.1.1.1. Someone was about to (must be imminent but you don’t have to wait for someone to hit you to respond) intentionally make contact with him
1.1.1.2. Contact was not consented to/unprivileged
1.1.1.3. Contact would be harmful or offensive
1.2. Objective Test
1.2.1. D must show:
1.2.1.1. His belief was reasonable
1.2.1.2. The forced used was reasonable (not excessive) AND was not intended or likely to cause death or serious bodily harm
1.3. D must prove both tests to be protected under this defense
2. Self Defense - Death or Serious Bodily Harm
2.1. Subjective Test
2.1.1. D must show he believed:
2.1.1.1. Someone was about to intentionally make contact with him
2.1.1.2. Contact would put him in peril of death or serious harm
2.1.1.3. Contact could only be prevented by immediate force
2.1.1.4. Could NOT be avoided by retreating, an exception to this is in your home or car
2.2. Objective Test
2.2.1. D must show his belief was reasonable
2.3. D must prove both tests to be protected under this defense
3. Defense of a Third Person
3.1. You are privileged to defend a third person under the same conditions and by the same means as those by which you are privileged to defend yourself, as long as you correctly or reasonably believe that:
3.1.1. The circumstances are such that would give the third person a privilege of self-defense AND your intervention is necessary for the protection of the third person
4. Defense of Property
4.1. D must show:
4.1.1. He believed an intrusion on his property can only be prevented or terminated by use of force
4.1.2. His belief was reasonable
4.1.3. The intrusion was unprivileged
4.1.4. He asked the person to desist and person refused OR he reasonably believed such a request would be useless
4.1.5. Must be reasonable (not excessive) Not intended OR likely to cause bodily harm
5. Defense of Recovery of Chattels
5.1. D must show:
5.1.1. Other person tortuously took the chattel from his possession
5.1.2. He had the immediate right to possession of the chattel
5.1.3. He acted promptly to regain possession
5.1.4. He asked the person to return the chattel and person refused OR he reasonably believed such a request would be useless
5.1.5. The force used was reasonable (not excessive) AND was not intended OR likely to cause death or serious bodily harm
6. Shopkeeper’s Privilege
6.1. A store owner or its employees can detain persons reasonably suspected of shoplifting for a reasonable time and in a reasonable manner within the establishment or in its vicinity
6.2. The test of liability is based on the reasonableness of the store’s actions under the circumstances
6.3. Privilege only works if the suspect did in fact shoplift
7. Necessity
7.1. Private Necessity
7.1.1. D may act in a way that would otherwise be a trespass to chattels or conversion (or trespass to land) if:
7.1.1.1. She believed doing so was reasonable and necessary to protect her person OR property OR that of a third person from serious harm
7.1.1.2. Her belief was reasonable
7.1.1.2.1. She is not privileged if she acts for a third person if she knows the third person is unwilling that she do so
7.1.2. Although D is protected by privilege D may still be liable for damages, but won’t be liable for punitive damages.
7.1.3. P can’t make a D who is protected by private necessity leave/move her chattel (or person)
7.1.3.1. If P does make D leave/move D's chattel (or person) then P may be liable to the damages D sustained
7.2. Public Necessity
7.2.1. One is privileged to commit an act which would otherwise be a trespass to a chattel or a conversion if the act is or is reasonably believed to be necessary for the purpose of avoiding a public disaster
7.2.2. Under this defense D is not liable for damages
8. Legal Authority
8.1. Privilege is given to legal authority which is acting in discharge of a duty or authority created by law, to preserve the public safety, health, peace, or other public interest
8.1.1. They don’t have to be right--but must have reasonably believed