Defenses

Question 1

Intentional torts

Answer 1

Defenses:
CONSENT
Plaintiff Consent - actual express, apparent consent
Constructive consent - consent implied by law, emergency doctrine,

SELF DEFENSE

DEFENSE of THIRD PERSONS

DEFENSE of LAND or CHATTELS

FORCE to RECOVER POSSESSION of LAND WRONGFULLY WITHHELD

FORCE to EFFECT RECAPTURE of CHATTELS WRONGFULLY WITHHELD

PRIVILEGE of ARREST

PRIVILEGE of DISCIPLINE

Question 2

Invasion of Land and Chattels

Answer 2

Defenses:
Consent

Privileged Invasion of another land to reclaim chattels

Privileged to exclude or evict trespassing chattels or another

Privileged invasion of another land or chattels as a public necessity

Privileged invasion of another’s land or chattels as a private necessity

Privileged invasion of land or chattels to abate a nuisance

Effect of misconduct by actor

Question 3

Criminal attempts

Answer 3

A) impossibility

1. “True” legal impossibility
   2) factual impossibility
   3) mixed legal and factual impossibility
   4) inherent or obvious impossibility

B) withdrawal or abandonment