a.Insanity
McGuire v. Almy – Is insane person liable for their torts? Yes. The mentally ill D was “capable of entertaining that she did entertain an intent to strike and injure the P and that she acted upon that intent.” P did not assume the risk when she went into the room because she was not fully aware of the risk until she went into the room)
– As between two innocent parties, the one who causes damage should pay
b.Self-Defense
1. Reasonable belief of an imminent threat of receiving great bodily harm
i. When the threat expires so does the defense
ii. Reasonableness depends on each case’s own facts: size, age, strength of parties, their reputations for violence, who is aggressor, degree of physical harm reasonably feared, and presence/absence of weapons
2. Fear must be both real and reasonable Courvoisier v. Raymond
The court found that C.’s act was justified because he believed that R. was a
rioter and had made an innocent mistake. (not excessive force
3. May not use more force than reasonably necessary
4. Reasonable mistake allowed – accidental/inadvertent/involuntary
5. Some jurisdictions require retreat if it can be made safely
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