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Tobia Torts 2022

Restatement (2d.) § 63 Self-Defense by Force Not Threatening Death or Serious Bodily Harm

Restatement (2d.) § 63 Self-Defense by Force Not Threatening Death or Serious Bodily Harm (link)

(1) An actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to defend himself against unprivileged harmful or offensive contact or other bodily harm which he reasonably believes that another is about to inflict intentionally upon him.

(2) Self-defense is privileged under the conditions stated in Subsection (1), although the actor correctly or reasonably believes that he can avoid the necessity of so defending himself,

(a) by retreating or otherwise giving up a right or privilege, or

(b) by complying with a command with which the actor is under no duty to comply or which the other is not privileged to enforce by the means threatened.

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Reproduced with permission, not as part of a Creative Commons license, from The American Law Institute.