Defenses

Question 1

Consent

Answer 1

Express or implied

express - grant of permission (oral or written)

implied 0 custom and usage (e.g. playing sports or subway) or D’s reasonable interpretation of the P’s objective conduct

consent may be for a specific purpose and P must have capacity to give consent (e.g. medicine can do related things but not new things)

Question 2

Self defense, defense of others and defense of property

Answer 2

a. The defendant must REASONABLY BELIEVE that a tort is being or about to be committed against himself, a third person, or his property

TIMING - must be imminent / heat of the moment (cannot take preventative measures)

only REASONABLE FORCE - deadly force only for torts against person if necessary to prevent serious bodily injury

Question 3

Public Necessity

Answer 3

Property tort was justified by a publi necessity

Absolute defense. Must be to protect community as a whole or significant group of people

Question 4

Private Necessity

Answer 4

e.g. boat at seas, needed to keep yourself safe but pay damages

limited/partial defense

Cannot be ejected

can be liable for compesnatory damages but not nomianl or punitive damages