Affirmative Defenses

Question 1

Name affirmative defenses to Intentional Torts

Answer 1

1. Consent
2. Protective Privileges (Defense to self, property and others.)
3. Necessity (Public and Private)
4. Incapacity

Question 2

Means of Consent

Answer 2

1. Express (spoken/written)
2. implied by custom
3. Body language - based on reasonable interpretation of P’s objective conduct

Question 3

Requirements for Protective Privilege

Answer 3

1. Proper timing

2. Def.’s reasonable belief (or mistake) that threat was genuine

Question 4

Public Necessity (Def.)

Answer 4

Def. invades P’s property in emergency to protect community as a whole or significant group

Question 5

Private Necessity (Def.)

Answer 5

Def. invades or inferferes with P’s property in emergency to protect and interest of his own or small group (safety, security, or the safety/security of personal items)

Question 6

Incapacity

Answer 6

NOT a defense (child, crazy, drunk = irrelevant). But, intent requires you know what you are doing.