The Psychology of Tort Law by Jennifer K. Robbennolt & Valerie P. Hans

Author:Jennifer K. Robbennolt & Valerie P. Hans [Robbennolt, Jennifer K. & Hans, Valerie P.]
Language: eng
Format: epub
Tags: LAW000000 Law / General
Publisher: New York University Press

Defense of Persons and Property

A final constellation of defenses revolves not around the plaintiff’s responsibility for his or her own injury, but rather around the circumstances surrounding the defendant’s acts and the defendant’s motivations for acting. Most centrally, the defendant may assert that the allegedly injurious actions were motivated by self-defense, defense of other people, or defense of property.

Self-Defense and Defense of Others

One torts casebook asserts that self-defense is “the most significant nonconsensual privilege in tort law. It is also the most intuitively satisfying privilege; one is surely justified in using force to defend oneself.”64 The Restatement (Second) of Torts informs us that

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