Torts Question
An altercation develops between a man and his uncle at a local tavern. As a result of the altercation, the man sues the uncle on a claim based on the tort of battery. During a trial on the matter, the uncle argues that his use of non-deadly force excuses him from liability.
Which of the following statements would constitute the basis of a correct instruction on the law to the jury?
(A) Non-deadly force is permissible if the defendant subjectively believes that the plaintiff’s threat warrants the use of defensive force, and subjective grounds support that belief.
(B) Non-deadly force is permissible if the defendant objectively believes that the plaintiff’s threat warrants the use of defensive force, and subjective grounds support that belief.
(C) Non-deadly force is permissible if the defendant objectively believes that the plaintiff’s threat warrants the use of defensive force, and objective grounds support that belief.
(D) Non-deadly force is permissible if the defendant subjectively believes that the plaintiff’s threat warrants the use of defensive force, and objective grounds support that belief, such that a reasonable person would believe so under the circumstances.
Scroll Down for Answer and Explanation
The correct answer is D. The use of non-deadly force for self-defense is permissible if:
- a defendant subjectively believes (i.e., in good faith and honestly) that;
- the plaintiff’s threat warrants the use of defensive force; and
- objective grounds support that belief, such that a reasonable person would believe so under the circumstances.
A, B, and C are incorrect for the above reasons.
Torts § I D(2)(a)(1)(b)(i) Intentional Torts: Defenses to Claims for Physical Harms to Persons or Property: Privilege: General Considerations: Protection of Self and Others: Non-Deadly Force: Subjective/Objective Test