Affirmative Defenses to Intentional Torts Flashcards
Consent (Express, Implied and Body Lg), Protective Privileges (Self Defense, Third Party Defense, Defense of Property), Privilege of Arrest, Necessity (Public and Private)
Express Consent
If P expressly consents to D’s conduct.
Implied Consent
Apparent consent inferred from custom and usage.
Body Language Consent
D’s reasonable interpretation of of P’s body language.
Consent by Mistake
Consent induced by mistake will undo consent if D knew of and took advantage of the mistake.
Consent induced by Duress
consent will be invalid unless the duress is only threats of future action or future economic depravation.
Consent Induced by fraud
invalid consent if the fraud was to an essential matter (but not a collateral matter).
Exceeding the Scope of Consent Given
If D exceeds scope of consent and does something substantially dif, he may be liable.
Protective Privileges - Self Defense
No requirement to attempt escape, but duty to retreat before deadly force (unless P is in his home).
Protective Privileges - Defense of Others
One may use force to defend another when the actor reasonably believes the other person could have used force to defend himself.
Defense of Property
One may use reasonable force to prevent a tort against his real or personal property. A request to desist must first be made unless it would be futile or dangerous. this defense doesn’t apply after tort has been committed unless in hot pursuit of someone who has dispossessed the owner of her chattels.
Defense of Property - How much force may be used?
Reasonable force. NOT force causing death or serious bodily harm unless invasion entails serious threat to bodily harm.
When is Defense of Property Available?
(a) Timely Demand to return chattel required (b) Recovery by force only from wrongdoer.
Privilege of Arrest - Felony Arrests
If by Police Officer = officer must reasonably believe that a felony has been committed and that the person he arrests has committed it.
If by a Private Citizen = the felony in fact must have been committed and the citizen must reasonably believe that the person he arrests has committed it.
Privilege of Arrest - Misdemeanor Arrests
Misdemeanor must be a breach of peace and committed in the arresting party’s presence.
Necessity - Public Necessity v. Private Necessity
When the act is for the public good. When the act is solely to benefit a limited number of people. (under private, actor must pay for any injury.)
