Prosser, p. 104-105: Defense of Others

 

1.     This privilege is similar to that of self-defense.  Most cases involving defense of others relate to family members.  There may be some question of what amount of force is reasonable under a given set of circumstances.

2.     A point of disagreement is whether reasonable mistake applies to defense of others as it does to self-defense.  Some courts say that the intervenor only gains the privilege in fact of the person he is defending, while other courts say that reasonable mistake does not negate the privilege.

 

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