Defenses/Privileges

Question 1

Medical Consent

Answer 1

If the contact is outside the scope of the procedure that was consented to then defendant could be liable

Reminder:
In certain life or death situations, the standard of care is far lower for the doctor because of emergencies

Question 2

Informed Consent

Answer 2

For the plaintiff’s consent to be valid, all material facts must be disclosed

Question 3

Self-Defense Requirements:

Answer 3

1. Anyone is privileged to use reasonable force to defend themselves against a threatened battery (or other situations) on the part of another.
2. The burden is on the defendant to show this defense.

Question 4

Defense of Others

Answer 4

Like self-defense, you are privileged to use reasonable force to protect others.

Question 5

Defense of property

Answer 5

You are privileged to use reasonable force to defend your own property, although the amount of force used will be less than defense of others and self

Remember: Katko v. Briney, has to be reasonable, not deadly force unless your life is in danger

Question 6

Recovery of Property. Owner can try to recover if:

Answer 6

(1) The Chattel was taken using force or fraud

(2) The person has made an escape with it and the pursuit is fresh

How “fresh” the pursuit is depending on the circumstances.

Question 7

Merchant’s Privilege

Answer 7

A privilege in favor of a merchant to detain for reasonable investigation a person whom he reasonably believes to have taken a chattel unlawfully.

Question 8

Public Necessity

Answer 8

If a public officer is acting in good faith, and there is a necessity to protect public safety, there is no liability. Even if there is mistaken identity.

Question 9

Private Necessity

Answer 9

There is a necessity to use the property of another to protect yourself or your property. Still liable for damages unless it is used to protect your own life.

Question 10

Authority of Law Privilege

Answer 10

Some tortious actions are privileged due to authority of law, so long as the force used in these actions is reasonable

Question 11

Justification

Answer 11

Restraint or detention, reasonable under the circumstances, and in time and manner, imposed for the purpose of preventing another from inflicting personal injuries or interfering with or damaging real or personal property is lawful possession or custody is not lawful.

Question 12

Discipline

Answer 12

The Necessity of some orderly discipline gives persons who have control others [children or other dependent] the privilege of exercising reasonable force and restraint upon them

Usually relevant in IIED or False Imprisonment Cases

Question 13

Factors to remember if Discipline privilege applies:

Answer 13

-Age
-Sex
-Condition of child
-Influence on other children
-Reasonably necessary to compel obedience
-Force is proportionate to offense

Question 14

Teacher Discipline Privilege Factors:

Answer 14

-Nature of punishment
-Conduct of the student
-Age and condition of the student
-Motive of the teacher