Defenses and Privileges to Intentional Torts

Question 1

POPCANS

Answer 1

Privilege

Defense of Others

Defense of Property

Consent

Authority

Necessity

Self-defense

Question 2

Privilege exists where:

Answer 2

1. Person effected by ∆’s conduct consents;
2. ∆’s conduct protects some important personal or public intertest
3. ∆ must act freely in order to perform one’s essential function

Question 3

Defense of Others

Answer 3

∆ is entitled to protect another person from any attack

to the same extent

that the 3rd person would be lawfully entitled to defend himself

Question 4

Defense of Property

Answer 4

∆ is permitted to use reasonable force

to prevent plaintiff from committing

a tort against ∆’s property

Question 5

Types of Consent

Answer 5

1. Express
2. Implied
3. As a matter of law

Question 6

Consent – ∆ is not liable if…

Answer 6

Plaintiff consented to the act that constituted the tort

Question 7

Requirements for invoking consent as a defense:

Answer 7

1. Consent must be effective
2. ∆ must not exceed the scope of the consent

Question 8

Authority

Answer 8

• Arrest: Where the defendant is a police officer acting pursuant to a duly issued warrant, valid on its face, he is not liable in tort for the fact of arrest
• Where a police officer or private citizen acts to prevent a felony that is being committed or appears about to be committed in his presence, he is not liable for an intentional tort based upon such an arrest.

Question 9

Necessity

Answer 9

A defendant is permitted to injure a plaintiff’s property if this is reasonably necessary to avoid a substantially greater harm to the public, to himself, or to his property.

Question 10

Defense of Property

∆ may never use deadly for to protect:

Answer 10

Personal property

OR

Real property

Question 11

Defense of Property:

Recapture of Chattel Rule

Answer 11

One may use reasonable non-deadly force to get back one’s property provided that:

A request is made; and

Defendant is in hot pursuit

Question 12

When does Public Necessity arise?

Answer 12

When ∆ is acting protect public from severe harm

Question 13

Types of necessity

Answer 13

1. Public
2. Private

Question 14

When does private necessity arise?

Answer 14

Where ∆ commits an intentional tort because it is better to commit the intentional tort rather than risk the likely consequences

Question 15

What is ∆ liable for when acting under private necessity?

Answer 15

∆ will be liable for any harm caused during the exercise of the privilege

Question 16

Shopkeepers Privilege

Answer 16

∆/shopkeepr is not liable for false imprisonment, or related tort,

if he has reasonable suspicion

that plaintiff has stolen goods,

uses reasonable force to detain plaintiff,

and detains plaintiff for a reasonable period and in a reasonable manner,

on the premises or in the immediate vicinity