Question

Mark the best option:
Facts: Kumar had a ferocious dog which used to guard his house. One evening when Mohan was returning home after illegally purchasing an unlicensed gun, he happened to pass Kumar’s house, the latter’s dog ran out and bit Mohan’s trouser and on Mohan's turning around and raising his gun the dog ran away. Mohan shot the dog as it was running into the house. Kumar’sdog died after two days because of the gunshot and he sued Mohan for compensation.
Principle:

1. Every person has a right to defend his own person, property or possession against unlawful harm.
2. The person may use reasonable force in order to protect his person, property or possession.
3. However, the force employed should be proportionate to the apprehended danger.

Options

• Mohan will not be punished as the dog died after two days and not immediately

• Mohan will not be punished as the force used was proportionate to the danger he faced

• Mohan will be punished as he used excessive force by shooting the dog

• Mohan will be punished as he used an unlicensed gun to shoot the dog

Answer 1

In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land or conversion. the Latin phrase from common law is necessitas inducit privilegium quod jura privata ("Necessity induces a privilege because of a private right"). A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property. Unlike the privilege of self-defense, those who are harmed by individuals invoking the necessity privilege are usually free from any wrongdoing. Generally, an individual invoking this privilege is obligated to pay any actual damages caused in the use of the property but not punitive or nominal damages.
Mohan will be punished as he used excessive force by shooting the dog is the correct option.