Privileges

Here's another free Torts review session. Who needs to go to law school when I can pay all of the money and let you smooch off me? Today we'll discuss privileges. A privilege does not mean that you haven't committed a Tort. It's simply a justification as to why you're permitted to do so. Let's get started...

Consent--I'm kicking your tail in a mixed martial arts competition such as the UFC. Even though you're a wimp and we all know I'm going to severely punish you, I'm not liable for Battery because your participation is consent for me to tear you apart. However, if my name is Mike Tyson and I bite your ear off, I am liable since it doesn't fall within the rules of the competition. If I accidentally poke you in the eye and you go blind, I'm still not liable because it's not a severe violation of the rules. A reasonable person could determine that this may occur.

Self-Defense--You walk onto my property attempting to steal my tractor. In return, I pump you full of lead with my AK-47. I'm still liable for battery in the world of Torts because a person is not justified to use deadly force in the protection of property. However, if you break into my house in the middle of the night and I think you're going to harm my family, then I have the privilege of self-defense to pump you full of lead...as long as my use of deadly force is reasonable. If you're just drunk, lost and stumble in my front door and I find you asleep on my couch snuggled up with my neighbor's goat, I cannot pump you full of lead. I must resort to non-deadly force or call the authorities. I do not have a reasonable belief that you're going to cause bodily harm; at least not to me or my family.

Defense of Others--If you're beating up my buddy who is a sissy, I may jump in using only necessary force (possibly a golf club) to shoe you away. I can only use force that would seem reasonable for my buddy to use in defense of himself.

Defense of Property--I place spring-loaded guns in my barn to deter thieves. A thief walks in and loses a limb due to my strategically placed traps. I'm still liable for battery because I'm not allowed to use force that may cause severe bodily harm to protect my assets. Note: I can do so in my own home only to protect myself and my family, not the home itself.

Recovery of Property--I see you snatch a purse from Grandma. I chase you down, tackle you, and return the purse to the poor old lady. As long as the pursuit was "fresh" and I didn't use deadly force, I am privileged to do so.

Necessity--I blow up your house to prevent a wild fire from spreading to other property. I'm the mayor so I have the proper authority. As long as it is of benefit to the much larger public population, I'm privileged to do so.

Authority of Law--I'm a bouncer. I have the right to commit a battery in detaining you before the police come to haul you off to prison and deliver you to Bubba. I guess you should have not gotten so drunk, eh?

Discipline--I'm a parent. Oh me, that's a scary thought...for the kid that is. I take my belt and leave welts on the little-uns leg. As long as the force is reasonable (the jury will decide), I am privileged to do so. Listen to me you little sissy...

Justification--I'm a school bus driver. Your little teenage kid is destroying my bus. I lock down the bus and go straight to the police station (yeah right, I'd kick his tail first). I'm not liable for false imprisonment because I was justified to resort to appropriate measures. If you don't like it, don't let your kid ride the bus. After all, he may fall out.

Negligence is coming up next. Stay tuned.