Defenses of Intentional Torts

Question 1

Consent

Answer 1

Expressed , implied as a matter of fact; or implied as a matter of law.

Question 2

Defense of self or others

Answer 2

Under threat of imminent harmful or offensive contact [assault/ false imprisonment] or under a reasonable apprehension of such an attack, and with no duty to retreat, D may use reasonable force under the circumstances to prevent bodily harm.

Question 3

Defense of Real and Personal Property

Answer 3

can use force reasonable in the circumstances to prevent a tort against Real or Personal Property where owner or possessor of Real Property is in peaceable possession of Real Property and person invades it.

Question 4

Recovery of Personal Property

Answer 4

a person who is tortiously dispossessed of Personal Property, after demand that it be returned, may use reasonable force to promptly recover property from the wrongdoer or guilty 3rd party and may enter the land of the wrongdoer and/or innocent 3rd party to do so.

Question 5

Recovery of Real Property

Answer 5

through the courts or without force if another person has obtained scrambling possession. If use force, liable for assault, battery trespass to chattles, etc.

Question 6

Public Necessity

Answer 6

a person may injure the property of another where it is reasonably necessary to avoid a substantially greater harm to the public; no liability or damages.

Question 7

Private Necessity

Answer 7

a person may injure the property of another where reasonably necessary to avoid a substantially greater harm to himself or his property (not technically a tort, but would be liable for damages)

Question 8

Arrest

Answer 8

can be made with or without a warrent

1. under warrant - officer only liable if he acts improperly
2. no warrant - may be made by an officer or a citizen to prevent a felony he believes is occurring in his presence

Question 9

Discipline

Answer 9

A person who has control of others has the privilege of exercising reasonable force and restraint upon them.