Defenses to Intentional Torts Flashcards
What is the most simple defense to intentional torts?
Consent.
Can one consent to criminal acts?
No.
What are the two consent fact pattern inquires?
(i) Was there valid consent (e.g. no fraud)?
(ii) Did defendant stay within the boundaries of the consent (e.g. not use a gun in a boxing match)?
When is a defendant still liable, although the plaintiff consenteD?
(i) mistake will undo the consent if defendant knew of and took advantage of that mistake;
(ii) consent induced by fraud will be invalidated if it goes to the essential matter, but not a collateral matter, and
(iii) consent obtained by duress will be invalidated unless the duress is only threats of future action or future economic deprivation
What is self-defense?
When a person reasonably believes that she is being or is about to be attacked, she may use such force as is reasonably necessary to protect against injury.
When is the defense of self-defense available?
a) One need not attempt to escape, but the modern trend imposes a duty to retreat before using deadly force if this can be done safely, unless the actor is in her home
b) Self-defense is generally not available to the initial aggressor
c) Self-defense may extend to third-party injuries (caused while the actor was defending himself)
When is the defense of others defense allowed?
One may use force to defend another when the actor reasonably believes that the other person could have used force to defend himself.
Are mistakes allowed for defense of others and self-defense?
Yes, as to the existence of danger in self-defense and as to whether the other person is being attacked or has a right to defend himself in defense of others.
When is defense of property allowed?
One may use reasonable force to prevent the commission of a tort against her real or personal property. A request to desist or leave must first be made unless it clearly would be futile or dangerous. The defense does not apply once the tort has been committed, however one may use force in hot pursuit of another who has tortiously dispossessed the owner of her chattels.
How much force may be used in defending property?
Reasonable force, but not force causing death or serious bodily injury unless the invasion of the property also entails a serious threat of bodily harm.
What is necessity?
A person may interfere with the real or personal property of another when it is reasonably and apparently necessary to avoid threatened injury from a natural or other force and when the threatened injury is substantially more serious than the invasion that is undertaken to avert it.
What are the types of necessity?
Public-when the act is for the good of the public
Private-when the act is solely to benefit a limited number of people.
What is a person liable for, for private necessity?
Any injury he causes, unless the act was to benefit the property owner.
Is necessity a defense to battery?
No, necessity is only a defense to property torts.
Can a teacher or parent use force in disciplining children?
Yes, reasonable force is permissible.
