Week 9 - Ch

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Maccormac College *

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1800

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Law

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Jan 9, 2024

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docx

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Ashlee Moran David F. Grassi, J.D., M.A Law 1800 Week 9 Ch. 9 Due: 11/05/2023 1. What is the definition of volition? i. Volition is when an action is performed, voluntarily, by a person’s own free will. b. Which defense to an intentional tort does it refer to? i. Consent 2. What is the Castle Doctrine? i. The Castle Doctrine is defined differently by each state but generally allows for the use of any amount of force up to and including deadly force, against an invader to avoid suffering physical injury. This doctrine is also called the dwelling defense doctrine and applies to a person’s home (dwelling). 3. May deadly force ever be used to protect property? i. No. Protecting property from harm or dispossession and only the lease amount reasonable force needed can be used as there is no risk of bodily injury. 4. What is privilege in tort law? i. Privilege is a justification for an action, that under normal circumstances would be considered tortious, to serve a social purpose despite the legal protections afforded to another individual; a societal right presented to a person to perform an act for the greater good despite injuries or harm to another’s legally protected rights. b. Name and discuss three types of privilege. i. Self Defense is a type of privilege. In the event an individual receives a threat of imminent physical harm, or physical harm has occurred, the individual has a right to protect themselves, their family, or their property using reasonable force up to and including deadly force, unless they provoked the incident. This privilege protects the individual from being civilly liable for any intentional torts to the person(s) initiating the need for the defense. For this defense to apply, the force used to defend must have been reasonable, the action must have been performed to neutralize an attack or offensive force, and must be necessary to prevent physical injury, offensive contact, or containment.
ii. Mistakes are also another defense of privilege. When an individual is provided incorrect information resulting in a behavior that constitutes an intentional tort, the mistake privilege applies considering the individual would have refrained from acting had the information been provided correctly. The individual must genuinely believe the information is accurate and thus the intentional tort action is warranted. As everyone eventually makes a mistake, this is a valid defense for an honest mistake. iii. Necessity is a form of privilege that justifies a tortfeasors action when they are performed to prevent and external force from inflicting harm of greater severity. The action of the tortfeasor should be relatively deliberate strictly for the purpose of deterring greater harm from an outside force using only enough force to accomplish that goal.
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