Section 2.23 Defense of Property/Resisting Invasion of Property

• Library: Tort Law 2016

E. (§2.23) Defense of Property/Resisting Invasion of Property

Defense of property or resisting invasion of property is also an affirmative defense to a claim of assault and battery.

MAI 32.10 [1969 New] provides as follows:

Your verdict must be for defendant if you believe:

First, plaintiff attempted to (here describe unlawful act such as "enter defendant’s home" or "take defendant’s property") when plaintiff had no right to do so, and

Second, defendant (here describe defensive measures such as

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