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Torts • Defenses to Intentional Torts
TORT#016
Legal Definition
One may use force to defend another when the actor reasonably believes that the other party could have used force to defend themself.
Plain English Explanation
Sometimes it's okay to commit an intentional tort if you have a valid defense. Whenever you see someone commit an intentional tort, you should look to see if they may have a valid defense. Defense of Others is a valid defense.
The law supports your right to defend yourself against violence from others, within reason. Additionally, the law supports your ability to step into the shoes of another victim and defend them from a physical attack. The level of force you are allowed to use on behalf of the victim against their attacker is limited to whatever level was available to the victim if they chose to defend themself. If you are mistaken about a person's right to defend themselves, then you may not claim a valid defense.
The law supports your right to defend yourself against violence from others, within reason. Additionally, the law supports your ability to step into the shoes of another victim and defend them from a physical attack. The level of force you are allowed to use on behalf of the victim against their attacker is limited to whatever level was available to the victim if they chose to defend themself. If you are mistaken about a person's right to defend themselves, then you may not claim a valid defense.
Hypothetical
Hypo 1: Bob attacks Sam. As Bob is punching Sam on the ground, Amy kicks Bob in the head and helps Sam up. Result: Sam had the right to physically defend himself against Bob's attack. Likewise, Amy, a bystander, is justified in her defense of others by physically attacking Bob on Sam's behalf.
Related Concepts
In assessing a tort against property, what is a private necessity?
In assessing a tort against property, what is a public necessity?
In assessing a tort against property, what is necessity?
What is consent and its limitations?
What is the shopkeeper's privilege?
When is consent implied?
When is consent implied by law?
When is defense of property proper?
When is express consent not valid?
When is self-defense proper?
When may an actor recapture a chattel?
