r/asklaw•
Synricc

Defense of Property?

I am studying for my torts I final on Friday, and I was just thinking, under the restatements you are allowed to claim defense of property using deadly force, but only if the requirements for Self-Defense with Deadly Force are met, as the restatements consider life worth more then property. So the requirement for Defense of Property with deadly force is that you have to have all the qualifiers for self-defense with deadly force.

I asked my professor if thats all there is to it, and he said yes. So my question is, are we missing something? Is Defense of Property by Deadly Force just Self-Defense with Deadly Force? I just have a hard time believing that when a bunch of people A LOT smarter then a first semester law student tried to come up with a better set of Tort laws they had the same exact thing twice...

So, is there a real difference between Self Defense with Deadly Force and Defense of Property with Deadly Force?

Posted Dec 2, 2015, 11:15 PM UTC

30
Loading comments…