Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Brown v. martinez, Study notes of Contract Law

Case Brief

Typology: Study notes

2014/2015

Uploaded on 09/09/2015

mariana_zuniga
mariana_zuniga 🇺🇸

1 document

1 / 1

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
Citation: Brown v. Martinez, 361 P.2d 152 (N.M. 1961)
Facts: - Plaintiff, a 15 year-old boy, along with two other boys visited the
defendants garden patch for the purpose of stealing watermelons
The following night, the boy returned for the same purpose and
defendant came out of his house with a rifle, intending to scare the
boys by firing the riffle
Upon firing the weapon, the defendant struck one of the fleeing boys
in the back of his left leg causing injury
Procedural History:
Issue(s):
Holding: As there was no proof that Defendant was at any time in danger,
the degree of force he employed was unwarranted and unlawful.
The case was remanded with instructions to set aside the original
dismissal and to determine appropriate damages.
Rule of Law:
Reasoning: The central issue with regard to the use of force is always reasonableness,
which is usually a question reserved for a jury. Certain precepts are
central, however, the first being that the level of force employed must be
appropriate to the circumstances. The law has always placed greater value
on human life and safety that on property. As Professor Prosser has noted,
a “person may use only the force reasonably necessary to overcome
resistance and expel the intruder, and if in the process his own safety is
threatened, he may defend himself
Disposition:

Partial preview of the text

Download Brown v. martinez and more Study notes Contract Law in PDF only on Docsity!

Citation: Brown v. Martinez, 361 P.2d 152 (N.M. 1961)

Facts: - Plaintiff, a 15 year-old boy, along with two other boys visited the defendants garden patch for the purpose of stealing watermelons

  • (^) The following night, the boy returned for the same purpose and defendant came out of his house with a rifle, intending to scare the boys by firing the riffle
  • Upon firing the weapon, the defendant struck one of the fleeing boys in the back of his left leg causing injury

Procedural History:

Issue(s):

Holding: As there was no proof that Defendant was at any time in danger, the degree of force he employed was unwarranted and unlawful. The case was remanded with instructions to set aside the original dismissal and to determine appropriate damages.

Rule of Law:

Reasoning: The central issue with regard to the use of force is always reasonableness, which is usually a question reserved for a jury. Certain precepts are central, however, the first being that the level of force employed must be appropriate to the circumstances. The law has always placed greater value on human life and safety that on property. As Professor Prosser has noted, a “person may use only the force reasonably necessary to overcome resistance and expel the intruder, and if in the process his own safety is threatened, he may defend himself

Disposition: