Defenses Flashcards
Intentional Tort Defenses
Self defense, defense of others, defense of property, arrest, shopkeeper’s privilege, consent, necessity, and discipline
Self-Defense
Using self-defense is available if using reasonable force with the reasonable belief that he or she is about to be attacked, there is a duty to retreat if a safe option us available unless at home, it is not usually available to the initial aggressor
Defense of Others
Available if reasonable belief the other has the right to defend his or herself using reasonable force
Defense of Property
Must first request desist or leave unless it is futile, this is available if using reasonable force to protect against the commission of a property tort, but never deadly force or force that would result in serious bodily injury
Misdemeanor Arrest
Can perform a citizens arrest for a misdemeanor if it is a breach of the peace crime and is committed in front of the person, deadly force can never be used
Felony Arrest
Can perform a citizens arrest for a felony IF: (1) the felony has actually been committed; AND (2) the arresting party has reasonable ground to suspect the person being arrested has committed the felony, reasonable mistake to identity is permissible, but there can be no mistake as to whether the felony was committed, must use reasonable force but can use deadly force if the suspect poses a threat of serious harm
Shopkeeper’s Privilege
A shopkeeper can detain a suspected shoplifter for a reasonable time and in a reasonable manner without being considered false imprisonment
Express Consent
Where plaintiff, by words or actions, manifests a willingness to submit to the conduct, consent by mistake is valid unless defendant caused and took advantage of the mistake
Implied Consent
Plaintiff is silent in a situation where a reasonable person would object; OR plaintiff participates in an environment where the contact is an expected and ordinary part of the operation
Incapacity
Youth, intoxication, incompetency, etc.
Scope of Consent
Defendant may not exceed the scope of consent
Public Necessity
Act for public good is privileged if it is reasonably and apparently necessary to avoid threatened injury and injury is substantially more serious than the invasion to privacy
Private Necessity
Act for private good is privileged if reasonably and apparently necessary to avoid threatened injury and injury is substantially more serious than the invasion of privacy, defendant must pay actual damages
Comparative/Constibutoy Negligence
Requires duty, breach, causation, and damages, does not extend to intentional torts or where the defendant has the last clear chance to avoid the harm
Comparative Negligence - pro rata share if pure, spatial share only if plaintiff is less culpable than the defendant
Contributory Negligence - complete bar to recovery
Assumption of Risk
Plaintiff knew of the risk and voluntarily proceeds in face of the risk
