Defenses and privileges to intentional torts

Question 1

List of defenses: POPCANS

Answer 1

Privilege
Others (defense of)
Property (defense of)
Consent
Authority
Necessity
Self (defense of)

Question 2

Privilege

Question 3

Others (defense of)

Answer 3

D is entitled to defend another from P to the same extent that that person would be able to protect themself

D is liable for a mistake!!!

Question 4

Property

Answer 4

Can use reasonable force to defend personal or real property, or eject a trespasser after asking them to leave
Deadly force NEVER reasonable for property (look for escalating property-> self defense)

Recapture of chattels: can use reasonable force to recapture property if

• you asked first or request would be futile AND
• you are in hot pursuit

Question 5

Consent

Answer 5

Usually a defense for battery/assault

Express consent: P affirmatively communicated permission

Implied consent: reasonable person would interpret P’s conduct as permission to act

Mistake: can negate consent when it goes to consequences or nature of the act, but not collateral matters. e.g. lie about STD can negate consent for sex, but not counterfeit payment to sex worker

Question 6

Authority (3 types)

Answer 6

Arrest authority: police can arrest if reasonably believe D committed a felony, or a misdemeanor if it breaches the peace. PRIVATE persons arrest at own peril

Shopkeeper’s privilege: not liable for false imprisonment if reasonable suspicion P stole. Can detain only for reasonable period and in reasonable manner on premises/vicinity

Discipline: parent/teacher can use reasonable force to discipline child

Question 7

Necessity (2 types)

Answer 7

D permitted to injure P’s property if reasonably necessary to avoid a substantially greater harm, either to public, self, or D’s property

Public necessity: protecting the public at-large from severe harm
(e.g. blowing up building in path of fire)

Private necessity: if reasonable person would believe action taken was necessary to avoid GREATER harm to D or D’s property, D is privileged even if they made honest mistake
However, D has to pay for harm caused, even though not liable for tort (no punitives etc)
(e.g. damaged private dock in mooring sinking ship)