Defense of Others

Pronunciation: dih-FENS of UH-therz

Torts › Intent Tort Defenses

Definition

Privilege to use reasonable force to defend third persons from imminent harmful or offensive contact. Traditionally limited to defending family members but modern rule allows defense of any person. Under the majority (modern) rule, a defender is privileged if a reasonable person in the defender's position would believe intervention was necessary (reasonable appearance standard). Under the minority (traditional) 'alter ego' rule, the defender steps into the shoes of the person defended and is liable if that person had no actual right to self-defense.

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