Defenses to Intentional Torts Flashcards
Privilege
The ability to act contrary to another individual’s legal right without an individual having legal redress for the consequences of that act
Consent
a person agrees to an action. This can be implied or expressed by language, action, or inaction.
Who are incapable of giving consent?
- Minor
- Intoxicated persons
- Mentally incompetent persons
When is consent no valid?
When it is obtained by fraud
When is consent to a criminal act invalid?
The defendant’s conduct violates criminal statue designed to protect a class of persons to which the plaintiff belongs
E.g.: underage
Defense of Self and Others
The defendant acts to defend themselves or others and must show the use of force and the amount of force was reasonable
Defense of Real Property
A person has a right to protect their real property, but it cannot inflict death or serious bodily harm
Recovery of Real Property
A person has a right to retake their stolen property immediately if it does not breach the peace and without necessary violence to a person
Shopkeepers Privilege
A merchant may detain a person for a reasonable time to conduct a reasonable investigation based on a reasonable suspicion. The detention must be:
- On the premises or within the vicinity
- There is probable cause
- Done in a reasonable manner for a reasonable length of time
Private Necessity
A person acts to protect themselves or their property and the right to exclusive property is limited to the owner, the plaintiff must pay damages
Public Necessity
A person acts to prevent harm to the public at large and the person reasonably believes the action is necessary under the circumstances, then the person is not liable for the harm caused
Justification
A general defense that a person was justified in their actions.
Castle Doctrine
The castle doctrine allows a person to protect their occupied dwelling at night by using deadly force without asking any questions.
Does a mistake negate the privilege?
No
When is a defendant entitled to immediate possession?
A defendant is entitled to immediate possession may recover goods from another’s land if the defendant did not cause the intrusion in the first place and if entry is reasonable as to both time and manner.
