Mistake as to danger- if D’s mistake is about whether force is necessary, D is protected by reasonable mistake Privilege- but if the owner’s mistake is about whether the intruder has right to be there, the use of force will not be privileged Deadly force May use deadly force only where: Non-deadly force will not suffice AND the owner reasonable believes that without deadly force, death or serious bodily harm will occur i.e. use of deadly force allowed against a burglar Mechanical devices- may use mechanical device to protest property only if she would be privileged to use a similar degree of force if she were present and acting herself Limited to preventing commission of the tort Once D has dispossessed P of property and tort is complete, may not use force to recapture property. Yet defense still operates if D is in pursuit” of P. “hot Superseded by other privileges (i.e. necessity) Katko v. Briney FACTS: Series of break-ins to Brineys’ unoccupied farm house. Boarded up windows, put no trespass sign and finally set shotgun trap in one of the rooms (no warning of the gun). Katko entered house looking for old bottles and jars and the gun blew off most of his leg. Katko sues for battery. Brineys claim they were defending their property. HELD: For Katko. Owner of premise is not allowed to willfully injure a trespasser. Only time this conduct would be justifiable would be when trespasser committed a felony of violence or felony punishable by death, or endangering human life by his act. Places infinite value on human life- does this make sense? Torts system values human life, but not infinitively. Consent Consent is a defense unless Duress Threats of future action or future economic deprivation are not sufficient legal duress to invalidate consent Incapacity that defendant is aware of or should reasonably be aware of Mental disability Intoxication Minor Insane Fraud/deception Must go to essential, not collateral, matter Action in excess of consent given (unless medical emergency) Obtaining consent Express/explicit- D not liable if P expressly consents to intentional interference with his person or property Consent by mistake- still consent unless D is aware of P’s mistake Implied
Mistake as to danger- if D’s mistake is about whether force is necessary, D is protected by reasonable mistake Privilege- but if the owner’s mistake is about whether the intruder has right to be there, the use of force will not be privileged Deadly force May use deadly force only where: Non-deadly force will not suffice AND the owner reasonable believes that without deadly force, death or serious bodily harm will occur i.e. use of deadly force allowed against a burglar Mechanical devices- may use mechanical device to protest property only if she would be privileged to use a similar degree of force if she were present and acting herself Limited to preventing commission of the tort Once D has dispossessed P of property and tort is complete, may not use force to recapture property. Yet defense still operates if D is in “hot pursuit” of P. Superseded by other privileges (i.e. necessity) Katko v. Briney FACTS: Series of break-ins to Brineys’ unoccupied farm house. Boarded up windows, put no trespass sign and finally set shotgun trap in one of the rooms (no warning of the gun). Katko entered house looking for old bottles and jars and the gun blew off most of his leg. Katko sues for battery. Brineys claim they were defending their property. HELD: For Katko. Owner of premise is not allowed to willfully injure a trespasser. Only time this conduct would be justifiable would be when trespasser committed a felony of violence or felony punishable by death, or endangering human life by his act. Places infinite value on human life- does this make sense? Torts system values human life, but not infinitively. Consent Consent is a defense unless Duress Threats of future action or future economic deprivation are not sufficient legal duress to invalidate consent Incapacity that defendant is aware of or should reasonably be aware of Mental disability Intoxication Minor Insane Fraud/deception Must go to essential, not collateral, matter Action in excess of consent given (unless medical emergency) Obtaining consent Express/explicit- D not liable if P expressly consents to intentional interference with his person or property Consent by mistake- still consent unless D is aware of P’s mistake Implied
Torts%20-%20Schechter%20-%20Fall%202008.docx