Defenses Flashcards
Consent
Implied Consent - Someone’s act is reasonably inferred as giving their consent (Think “doctor giving vaccination to refugees” case)
Substituted Consent - When someone consents on your behalf (i.e. Wife consents to additional procedure while husband is still under anesthesia)
Informed Consent - Being told all reasonable risks associated with engaging in a particular activity and consenting to those risks (Think “19 y/o in unregulated boxing match WASN’T informed consent”)
Exceptions to Consent:
Emergency Rule - Preventing immediate harm to someone/something required tortious(touch) interference (i.e. pulling a stranger from the road)
Self-Defense - I don’t need your permission to use force against you to prevent a reasonably perceived imminent battery.
Mental Disability
Disability is a defense ONLY if the disabled person does not have the capacity to distinguish their act as intentional. (i.e. if they didn’t know that pulling the trigger would make the gun fire)
Proof of a mental disability in a D does NOT make them immune from tort liability.
When an “insane” person commits intentional damage, they will be found liable for the damages if they are capable of entertaining the intent to commit the act, then committed that act. (i.e. A crazy person thinks they’re swinging a baseball bat at an “alien”, but the “alien” is the nurse, then hits the nurse. Crazy person = liable b/c they had the INTENT of committing the act (act = swinging baseball bat).
