Defences to Intentional Torts

Question 1

What are the defences to intentional torts?

Answer 1

Consent, self-defence, necessity, involuntariness, incapacity

Question 2

How can you defend using consent?

Answer 2

If the injured party consented tot he action, there is no tort. The consent must be informed and no one can consent to death or severe bodily harm

Question 3

How can you defend using self-defence?

Answer 3

You must show that the self-defence was necessary and that no excessive force was used. You can also assert self-defence on behalf of someone else

Question 4

How can you defend using necessity?

Answer 4

You must prove you had no other option but to break the law. An example of this would be trespassing across land because there is no other way across

Question 5

How can you defend using involuntariness?

Answer 5

All intentional torts must be intentional and voluntary so if it is not it doesn’t count as intentional tort

Question 6

How can you defend using incapacity?

Answer 6

You need to prove that the defendant did not have mental capacity to form intent. Shows they do not have the mens rea necessary for prosecution