Legal Definitions - force

In legal contexts, the term "force" refers to the application of power, violence, or pressure against a person or object. It encompasses a range of actions, from subtle threats to extreme physical violence, and its specific meaning often depends on the type of force being described.

Here are some specific types of force:

• Actual Force (also known as Physical Force)

  This refers to direct physical contact or action applied to a person or object. It involves a tangible physical act.

  • Example 1: During a street robbery, an assailant shoves a pedestrian to the ground and snatches their bag.

    Explanation: The act of physically shoving the pedestrian constitutes actual force because it involves direct physical contact and a violent act.

  • Example 2: A frustrated tenant kicks down a door to gain entry to their apartment after losing their keys.

    Explanation: Kicking the door is an application of actual force, as it's a direct physical act against an object.

• Constructive Force

  This type of force involves threats, intimidation, or gestures that create fear, compelling someone to act against their will or preventing resistance, even without direct physical contact.

  • Example 1: A person points a replica firearm at a store clerk and demands money, without ever touching the clerk.

    Explanation: The act of pointing the weapon, even if fake, creates a credible threat of harm, intimidating the clerk into compliance. This is constructive force.

  • Example 2: An individual blocks a doorway, verbally threatening to harm anyone who tries to leave a room.

    Explanation: The combination of blocking the exit and making verbal threats creates an intimidating environment that prevents others from leaving, demonstrating constructive force.

• Deadly Force (also known as Extreme Force)

  This refers to violent action that is known to create a substantial risk of causing death or serious bodily harm. It is typically reserved for situations where one's life or the lives of others are in immediate danger.

  • Example 1: A homeowner shoots an armed intruder who has broken into their house and is threatening their family.

    Explanation: Firing a gun at a person is an act of deadly force because it is highly likely to cause death or severe injury.

  • Example 2: During a violent altercation, one person repeatedly strikes another in the head with a heavy object, causing severe brain trauma.

    Explanation: Using a heavy object to repeatedly strike someone's head is an action that carries a substantial risk of causing death or serious bodily harm, thus qualifying as deadly force.

• Excessive Force

  This describes the use of more force than is reasonably necessary or appropriate for a given situation. It goes beyond what is required to achieve a legitimate objective, such as self-defense or law enforcement.

  • Example 1: A police officer continues to strike a suspect with a baton after the suspect has been handcuffed and is no longer resisting.

    Explanation: Once the suspect is subdued and no longer a threat, any further use of force is unnecessary and therefore excessive.

  • Example 2: A bouncer at a club throws a patron who merely made a rude comment out onto the street, causing them to break an arm.

    Explanation: The patron's rude comment did not warrant such a violent physical response, making the bouncer's actions an instance of excessive force.

• Independent Force

  This refers to a separate, unrelated event or action that occurs independently of someone's original conduct and contributes to an outcome. It is not stimulated or caused by the initial actor's actions.

  • Example 1: A driver negligently parks their car on a steep hill without setting the parking brake. Later, a sudden, unexpected earthquake causes the car to roll down the hill and hit another vehicle.

    Explanation: While the driver's negligence was a factor, the earthquake is an independent force because it was an unforeseen and unrelated event that directly caused the car to move.

  • Example 2: A construction company leaves a trench uncovered overnight. During the night, a severe, unpredicted lightning storm causes a power line to fall into the trench, electrocuting a trespasser.

    Explanation: The lightning strike and falling power line are independent forces, as they were not caused by the construction company's negligence in leaving the trench open.

• Intervening Force

  This is a new, independent event or action that occurs after an initial negligent act and contributes to the harm suffered by another person. It breaks the direct chain of causation from the original negligence.

  • Example 1: A homeowner negligently leaves a garden hose stretched across a sidewalk. A passerby trips over the hose, but before they can get up, a reckless cyclist speeds by and runs over their foot.

    Explanation: The reckless cyclist's action is an intervening force. While the hose created the initial hazard, the cyclist's independent act directly caused the foot injury, breaking the direct link between the hose and that specific harm.

  • Example 2: A restaurant owner fails to properly secure a heavy sign outside their establishment. A strong, but not unprecedented, gust of wind blows the sign down, and a mischievous teenager then picks it up and intentionally throws it at a pedestrian.

    Explanation: The teenager's intentional act of throwing the sign is an intervening force. While the owner's negligence allowed the sign to fall, the teenager's deliberate action directly caused the harm to the pedestrian.

• Irresistible Force (also known as Force Majeure)

  This refers to an unforeseen and uncontrollable event that makes it impossible to fulfill a legal obligation, often in contracts. These events are typically natural disasters or other extraordinary occurrences beyond human control.

  • Example 1: A shipping company is contracted to deliver goods by a specific date, but an unprecedented tsunami destroys the port and all cargo, making delivery impossible.

    Explanation: The tsunami is an irresistible force because it is an unforeseen and uncontrollable natural disaster that directly prevents the company from fulfilling its contractual obligation.

  • Example 2: A concert venue cancels a major event because a sudden, severe blizzard makes all roads impassable and public gatherings unsafe, as mandated by local authorities.

    Explanation: The blizzard and subsequent government mandate constitute an irresistible force, as they are unforeseen and uncontrollable events that prevent the concert from taking place.

• Nondeadly Force (also known as Moderate Force)

  This is force that is not intended to cause, and is unlikely to result in, death or serious injury. It might cause minor harm, discomfort, or temporary incapacitation.

  • Example 1: A security guard gently restrains a disruptive patron by holding their arms and escorting them out of a building without causing injury.

    Explanation: The guard's actions are nondeadly force because they are intended to control the patron without causing serious harm.

  • Example 2: A person uses pepper spray to temporarily blind an attacker who is attempting to grab their purse.

    Explanation: Pepper spray is generally considered nondeadly force as it causes temporary incapacitation and discomfort rather than permanent or serious injury.

• Reasonable Force (also known as Legal Force)

  This is the amount of force that an ordinary, prudent person would consider necessary and appropriate to defend themselves or their property in a given situation, without being excessive. The use of reasonable force is generally legally permissible.

  • Example 1: A homeowner hears an intruder breaking a window and responds by pushing the intruder back out of the window, preventing them from entering.

    Explanation: Pushing the intruder to prevent entry is considered reasonable force, as it is proportionate to the threat of trespass and potential harm.

  • Example 2: A person walking down the street is suddenly attacked. They block the attacker's punch and then push them away to create distance and escape.

    Explanation: Blocking a punch and pushing an attacker away to ensure one's safety are actions generally considered reasonable force for self-defense.

• Unlawful Force

  This refers to any use of force against another person without their consent that is considered a crime or a civil wrong (a tort). It is force that lacks legal justification.

  • Example 1: During a heated argument, one person shoves another, causing them to fall and sustain a minor injury.

    Explanation: Shoving someone without their consent and without legal justification (like self-defense) constitutes unlawful force, which could be an assault or battery.

  • Example 2: A bouncer at a bar physically removes a patron who was merely complaining about the music, causing the patron to suffer bruises.

    Explanation: Unless the patron was posing a threat or violating a clear rule that warranted physical removal, the bouncer's use of force without consent is unlawful.

Force (verb)

As a verb, "to force" means to compel or make someone do something, either through physical means or by legal obligation.

• Example 1: A court order might force a company to cease polluting a local river.

  Explanation: The court order legally compels the company to take a specific action, demonstrating force as a legal requirement.

• Example 2: A strong current in a river can force a small boat off its intended course.

  Explanation: The current physically compels the boat to change direction, illustrating force through physical means.