CHP9 Def to Intentonal Torts Flashcards
Consent
Elements of the consent defense are: 1-2
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- Voluntary acceptance of an intentionally tortious act
- Full knowledge or understanding of the consequences
Consent may be expressed, or it may be implied by conduct or circumstances.
Self-Defense
The elements of self-defense are: 1-3
Castle doctrine:
- Use of reasonable force
- Countering an attacking or offensive force
- Actions necessary to prevent bodily injury, offensive contact, or confinement
Person may use any force, including deadly force, to resist an intruder. Varies by state
Defense of Persons
The elements of defense of persons are: 1-3
- Use of reasonable force
- To defend or protect a third party from harm
- Third party is threatened by an attacking force
Defense of Property
The elements of defense of property are: 1-3
- Use of reasonable force
- To protect property from damage or dispossession
- Someone attempts to harm or wrongfully possess property
Rightful Possession
The elements of rightful possession are: 1-4
- Use of reasonable force
- Prompt repossession
- To repossess personal property
- Owner has been wrongfully dispossessed of the chattel or has been improperly denied possession
Mistake
The elements of mistake are: 1-3
- Good-faith conviction that actor’s conduct is justified
- Belief based upon erroneous information
- Behavior would be tortious except for incorrect belief
Privilege
The elements of privilege are: 1-3
- Actor’s motives in committing intentional tort outweigh injury to victim or property
- Exception: Absolute privilege of judges, legislators, etc. These actors’ motives are immaterial. - Actor was justified in engaging in intentional tort to accomplish socially desirable goals
- No less-damaging alternative action could have been taken
Necessity
The elements of necessity are: 1-4
- Committing an intentional tort
- Purpose to avert more harmful injury
- Harm threatened by force other than tortfeasor
- Tortfeasor’s actions were reasonably necessary to prevent danger of greater harm
note: cannot creat the dangerous situation and then claim neccessity.
Public Officer’s Immunity for Legal Process Enforcement
NOTE
- Public officials often engage in activities that normally would be considered intentionally tortious.
- Because these persons are authorized to engage in such conduct, they are protected from liability.
Public Officer’s Immunity for Legal Process Enforcement
NOTE
- Public officials often engage in activities that normally would be considered intentionally tortious.
- Because these persons are authorized to engage in such conduct, they are protected from liability.
Public Officer’s Immunity for Legal Process Enforcement
Examples of public officer’s immunity
- Process serving
- Execution sales
- Attachment or replevin
- Arrest by warrant
- Prosecutors acting in official capacity
- Judges acting in official capacity
Statutes of Limitations
NOTE
- Statutes of limitations are statutes restricting the time within which a plaintiff may file a lawsuit for particular causes of action against a defendant.
- All states have statutes of limitations for almost all tort actions.
- The most common tort statutes of limitations are two years.
Statutes of Limitations
NOTE
- Statutes of limitations are statutes restricting the time within which a plaintiff may file a lawsuit for particular causes of action against a defendant.
- All states have statutes of limitations for almost all tort actions.
- The most common tort statutes of limitations are two years.
Workers’ Compensation
NOTE
- Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured on the job or become ill as a result of their job.
- State workers’ compensation statutes prevent tort actions against employers by workers who are injured on the job.
Workers’ Compensation
NOTE
- Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured on the job or become ill as a result of their job.
- State workers’ compensation statutes prevent tort actions against employers by workers who are injured on the job.
