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CACI 1605

What Is Defense of Privileged Conduct Law in California

Privileged Conduct Law

What is the Law in California for Defense of Privileged Conduct - California Civil Jury Instruction CACI 1605

California Law

CA Civil Jury Instructions

CACI 1605 - Defense of Privileged Conduct

As of September 1, 2010

California Civil Jury Instruction CACI 1605

1605. Intentional Infliction of Emotional
Distress—Affirmative Defense—Privileged Conduct

[Name of defendant] claims that [he/she] is not responsible for

[name of plaintiff]’s harm, if any, because [name of defendant]’s

conduct was permissible. To succeed, [name of defendant] must

prove all of the following:

1. That [name of defendant] was [exercising [his/her] legal right

to [insert legal right]] [or] [protecting [his/her] economic

interests];

2. That [name of defendant]’s conduct was lawful and

consistent with community standards; and

3. That [name of defendant] had a good-faith belief that [he/

she] had a legal right to engage in the conduct.

If you find all of the above, then [name of defendant]’s conduct was

permissible.

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