BLL Torts

Question 1

Self Defense:

Answer 1

According to defendant’s reasonable belief (compound test):
(1) def. is protecting against a threat of physical harm;
(2) the threat is immediate;
(3) the harm would result from the intentional or negligent act of the other; AND
(4) def. is employing force only to the extent necessary to avert the harm.
A special rule pertains when defendant engages in self-defense with deadly force:
(1) as self-defense, supra (supra refers to the citation of a court decision which has been previously mentioned);
AND
(2) one of the following, per def.’s reasonable belief:
(a) safe escape (a.k.a. retreat) is not possible;
OR
(b) safe escape (a.k.a. retreat) is possible, but defendant is in own home that is not also the attacker’s home.
Significant minority variation #1: Eliminate (2)(b).
Significant minority variation #2: Eliminate all of (2).

Question 2

2. Reasonable escalation

Answer 2

1. Defense of one’s self privileges a person to use reasonable force to defend against an unprivileged act, or the threat of an imminent unprivileged act, by another that the person reasonably believes will cause them harm.
2. A key limit here is that the force used in self-defense must be “reasonable.”

Question 3

Assault

Answer 3

i. Assault: I. De S. & Wife v. W. De S. Assizes, pg 50
1. The actor is subject to liability to another for assault if
a. He acts intending to cause a harmful or offensive contact with the person of another or a third person, OR an imminent apprehension of such contact, OR an imminent apprehension of such contact AND
b. The other party is thereby put in such imminent apprehension. (restatement of torts (2d,) S 21

Question 4

IIED (intentional Infliction of Emotional Distress

Answer 4

1. D acts intentionally or recklessly
2. D’s conduct was extreme and outrageous
3. D’ conduct caused P emotional Distress
4. Emotional Distress was severe

Question 5

False Imprisonment (see part II for notes)

Answer 5

1. An actor is subject to liability to another for False imprisonment if:
   a. He acts intending to confine the other or a third person withing boundaries fixed by the actor, AND
   b. His act directly or indirectly results in such a confinement of the other, AND
   c. The other is conscious of the confinement or is harmed by it. Restatement 2d of Torts section 35.

Question 6

False Imprisonment Part II

Answer 6

i. The confinement needs to be complete
ii. No confinement if there is a REASONABLE means of escape that P knows about
iii. Confinement is NOT met by preventing a P form moving in a direction they are entitled to