Affirmative Defenses to Intentional Torts

Question 1

Consent

Answer 1

Defense to all 7 Intentional Torts

1. Battery
2. Assault
3. False Imprisonment
4. Trespass to Land
5. Trespass to Chattel
6. Conversion
7. Intentional Infliction of Emotional Distress

Plaintiff MUST have Legal Capacity to give consent

Question 2

Express Consent

Answer 2

Outright grant of permission by the P to the D

may be oral or written

Question 3

Implied Consent

Answer 3

Implied by Custom or Usage
Ex: team contact sports

Implied based on D’s reasonable interpretation of P’s objective conduct

Question 4

Public Necessity

Answer 4

Applies to three property intentional torts

D commits a property tort in an emergency to protect the community as a whole or a significant group of people

Absolute defense = no liability

Question 5

Private Necessity

Answer 5

D commits a property tort to protect D’s own interest in a time of emergency.

Partial Defense:
Liable for harm caused to property but not subject to nominal or punitive damages bc technical tort is excused.

Landowner cannot eject you if you take refuge during the time of emergency

Question 6

Self-Defense

Answer 6

D responds to a threat that is imminent and radiating from the P

Only reasonable force may be used

Question 7

Self-Defense of Property

Answer 7

Deadly force or Servely Injuring Force CANNOT be used

Question 8

Shopkeeper’s Privilege

Answer 8

Permits the reasonable detention of someone the shopkeeper reasonably believes has shoplifted goods