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LSDefine

Simple English definitions for legal terms

aggressor doctrine

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A quick definition of aggressor doctrine:

The aggressor doctrine is a rule that says if someone does something that would make another person feel like they need to use physical force to protect themselves, then the first person can't sue the second person for hurting them unless the second person used too much force.

A more thorough explanation:

The aggressor doctrine is a legal principle that prevents a person from recovering damages in a tort case if they acted in a way that would provoke a reasonable person to use physical force for protection. However, if the defendant uses excessive force to repel the plaintiff, they may still be held liable for their actions.

For example, if someone starts a fight with another person and the other person responds with force to defend themselves, the aggressor may not be able to recover damages for any injuries they sustain. However, if the person defending themselves uses excessive force, they may still be held liable for any harm caused.

Another example could be a situation where a person is trespassing on someone else's property and the property owner uses force to remove them. If the property owner uses reasonable force to remove the trespasser, they may not be held liable for any injuries the trespasser sustains. However, if the property owner uses excessive force, they may still be held liable for any harm caused.

These examples illustrate how the aggressor doctrine works in practice. It is important to note that the use of force in self-defense or defense of property must be reasonable and proportionate to the threat faced. If excessive force is used, the aggressor doctrine may not apply and the defendant may still be held liable for their actions.

aggression | aggrieved

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