DEFENSES - INTL TORTS Flashcards
1
Q
Consent
A
- if there is consent, then no intl tort liability (what is reasonably believed to be consent)
- express consent: arises by words
- implied consent: arises from conduct
2
Q
Self-Defense
A
- if you honestly and reasonably believes that the force that she used was necessary to prevent imminent harm
3
Q
Defense of Property
A
- may use reasonable force to defend personal or real property (deadly force is always unreasonable)
4
Q
Necessity
A
- greater interest in D’s actions over committing the tort (greater good to protect herself from dog attack and trespass)