Defenses to Intentional Torts Flashcards
What are the 5 affirmative defenses to intentional torts
Consent, Defense of Self, Defense of others, Defense of property, Necessity
What is the general rule of consent.
A defendant is not liable for a tortious conduct if the plaintiff consents to the defendant’s act
Two types of consent
Express: Plaintiff specifically agrees to the defendant’s conduct
Implied: Consent through conduct or arises out by custom/usage
T/F: Once the scope of consent is exceeded, the privilege cannot be raised.
True
Who does not have the capacity to give consent?
Child (minor below 16), Mentally incapacitated, intoxicated
When is consent is invalid?
When obtained under fraud/misrepresentation, duress or mistake
Can a Plaintiff consent to criminal conduct?
Yes unless the defendant violates a criminal statute designed to protect the class of persons to which the plaintiff belongs
What is the general rule for self-defense
Self-defense allows a defendant to use reasonable force if the defendant reasonably believes that harmful contact is imminent
Elements of Self-defense
Harm must be imminent (A past act or a threat of future harm is insufficient)
AND
the use of force and the amount of force must be
reasonable
Can one use deadly force for self-defense
NEVER unless the defendant has reasonable apprehension of death or great bodily harm
T/F: Self-defense be raised after the battery stops
False
Consent may be raised against what intentional tort(s)
Battery, Assault, Trespass to Land/ Chattel, False Imprisonment
*I made an educated guess with these.
Defense of Self may be raised against what intentional tort(s)
Battery, Assault and False Imprisonment
What is the Castle Doctrine
Allows a person to protect their occupied dwelling at night by using deadly force without any questions.
When can the plaintiff raise the castle doctrine
When the intruder attempts to enter an OCCUPIED DWELLING AT NIGHT.
What is the general rule for defense of others
Defendant is privileged to use force for the protection of another human being when the defendant REASONABLY believes the other person would be privileged to use force in self-defense and defendant’s intervention is necessary at the time
T/F: Mistake does not negate the privilege of defense of others
CL: Mistakes does NOT negate
ML: If mistake was reasonable, may assert defense
T/F: Does the same rules apply for defense of others as self-defense
True; Place the defendant in the shoes of the person being protected
Define deadly force
Force that causes death or serious bodily harm
What is the general rule for defense of real property
Allows a defendant to use REASONABLE force to prevent intrusion to their property
What must the defendant do to raise defense of real property
D must ask the party to cease + desist interference with the property
T/F: Can deadly force be used to protect property
False
Hot pursuit doctrine
Only use reasonable force in pursuit of another who has taken property
The general rule for recovery of real property
A person wrongfully deprived of chattel is privileged to use reasonable force to recover the chattel immediately after dispossession
T/F: Any unnecessary time lag eliminates the privilege
True
T/F: Mistake is okay to raise privilege recover of real proeprty
False
What is the general rule for shopkeeper’s privilege
There is no merchant liability for false imprisonment if
(1) the detention is on the premises or done close by,
(2) the detention is done in a reasonable manner for a reasonable length of time and
(3) there is probable cause.
T/F: Can a retailer detain an individual
True; provided that there is a reasonable belief that shoplifting has occurred.
Investigation + detention must be reasonable
T/F: The owner of a yard sale can raise the shopkeeper’s privilege
False
What are the two types of necessity
Private + Public
When can a defendant assert public necessity
If the defendant acts to prevent harm to the public AND the defendant reasonably believes the actions is necessary AND the action is reasonable under the circumstances; THEN the defendant is not liable for harm caused to plaintiff’s property
When can a defendant assert private necessity
If the defendant acts to protect herself AND the defendant reasonably believes her action is necessary, THEN the defendant has the privilege but she IS liable for the harm she causes.
What is the general rule for justification (or a privilege)
A defense used under circumstances where a defendant’s tortious act stemmed from an interest of social importance
(An interest that society wants to uphold and protect against punishment)
Last resort
Elements of justification
(1) Must be a legally protected interest
(2) the defendant’s conduct was in furtherance of that legal right
Defense of self can be raised against which IT
Battery, assault + false imprisonment
Defense of Property can be raised against which IT
Trespass to Land/Chattel + Conversion
Necessity can be raised against which IT
Trespass to Land/Chattel + Conversion
