9) IT - Defenses

Question 1

defenses: mnemonic

Answer 1

POP CANS

Question 2

defenses: list

Answer 2

1) Privilege
2) Others
3) Property
4) Consent
5) Authority
6) Necessity
7) Self-defense

Question 3

consent: result

Answer 3

total defense (so P loses claim)

Question 4

consent: kinds

Answer 4

1) express
2) by implication
3) as MOL

Question 5

consent: express: def

Answer 5

affirmatively communicates permission (usu by words)

Question 6

consent: implication: def

Answer 6

RP would interpret P’s conduct as evidencing permission to act (by conduct) (sports)

Question 7

consent: limitation

Answer 7

exceeding scope of consent given/implied (use gun to prevent eating twinkie)

Question 8

consent as MOL: def

Answer 8

1) P is unable to consent and
2) emergency action needed to prevent his death or serious injury
3) RP would be expected to consent under the circs
4) no reason to believe this P would not consent

Question 9

consent: exception

Answer 9

mistake (sometimes)

Question 10

consent –> mistake: rule

Answer 10

if:

1) mistake goes to core/nature of the act (rather than a collateral matter) AND
2) D knows about P’s mistake, then no consent

Question 11

mistake: result

Answer 11

cancels out consent so that there’s still tort liability/recovery

Question 12

collateral mistake: result

Answer 12

doesn’t count as a mistake, so there’s still consent, so no tort recovery

Question 13

self defense: elements

Answer 13

D:

1) honestly + reasonably believes
2) that used reasonable / proportionate force
3) to prevent imminent/unprivileged attack

Question 14

self defense: imminent

Answer 14

once threat is over, defense won’t work!

Question 15

self-defense: honestly/reasonably believes? result

Answer 15

ok if mistaken (as long as honestly/reasoanbly believed)

Question 16

SD: reasonable/proportional: rule

Answer 16

deadly force cannot be used to meet nondeadly force

Question 17

SD: reasonable/proportional: retreat

Answer 17

SOME JS: must retreat before using deadly force if safe to do so

Question 18

Self defense: retreat: exceptions

Answer 18

1) never have to retreat from own home

2) never have to retreat from loaded gun

Question 19

Others: def

Answer 19

D entitled to defend another person from an attack by P to the same extent that 3rd person would be lawfully entitled to assert self-defense

Question 20

property: def

Answer 20

ok use reasonable force to defend (prevent a tort against) real + personal property

Question 21

property: reasonable (+ojo)

Answer 21

deadly force is never reasonable to defend property

but: maybe the situation started as d. of property but has now become d. of a person?

Question 22

property: trespass

Answer 22

ok use reasoanble force to eject trespasser from personal property, AFTER asking them to leave

Question 23

property: trespass to chattels: rule

Answer 23

ok to use reasonable, nondeadly force to get back one’s personal property, IF:

1) D is in immediate hot pursuit, AND
2) request is made for return of the property (exception)

Question 24

property: trespass to chattels: request to return: exception

Answer 24

dnn ask for return of the property if it’s futile

Question 25

necessity: General rule

Answer 25

ok injure PROPERTY if reasonably believes nec. to avoid a substantially greater harm to the public, himself, or to his property

Question 26

necessity: kinds

Answer 26

1) public

2) private

Question 27

necessity: public: def

Answer 27

D is acting to protect the general public from SEVERE harm (ex. disasters)

note: could be 5A/takings

Question 28

necessity: private: def

Answer 28

D commits intentional tort for D’s own personal benefit and argues it was the right thing to do (substantially greater harm)

Question 29

necessity: liability?

Answer 29

!! D IS liable for any damage he causes in PRIVATE necessity (even if not liable for the tort)

Question 30

authority: areas

Answer 30

1) arrest
2) shopkeeper’s privilege
3) discipline

Question 31

authority: arrest: when permitted: police officer

Answer 31

1) felony: police officer can arrest anyone PO reasonably believes committed a felony
2) misdemeanor: Po can only arrest if misdemeanor is breach of the public peace

Question 32

authority: arrest: private person

Answer 32

private individuals act at their own peril bc if they’re wrong about you committing the felony/public misdemeanor, then they’re liable for torts committed

Question 33

authority: arrest: exception ko

Answer 33

shopkeeper’s privilege (but it’s also an independent subdefense of authority–conceptually not just an exception)

Question 34

authority: shopkeeper’s privilege: def

Answer 34

D shopkeeper is not liable for false imprisonment ni related tort IF

1) RS that P stole goods
2) reasonable time
3) reasonable manner/force of detention on premises or in immediate vicinity

Question 35

authority: discipline: def

Answer 35

D charged with maintaining discipline (ex. parent or teacher) may use reasonable force to perform this duty