Defenses to Intentional Torts

Question 1

What are the 5 affirmative defenses to intentional torts

Answer 1

Consent, Defense of Self, Defense of others, Defense of property, Necessity

Question 2

What is the general rule of consent.

Answer 2

A defendant is not liable for a tortious conduct if the plaintiff consents to the defendant’s act

Question 3

Two types of consent

Answer 3

Express: Plaintiff specifically agrees to the defendant’s conduct

Implied: Consent through conduct or arises out by custom/usage

Question 4

T/F: Once the scope of consent is exceeded, the privilege cannot be raised.

Answer 4

True

Question 5

Who does not have the capacity to give consent?

Answer 5

Child (minor below 16), Mentally incapacitated, intoxicated

Question 6

When is consent is invalid?

Answer 6

When obtained under fraud/misrepresentation, duress or mistake

Question 7

Can a Plaintiff consent to criminal conduct?

Answer 7

Yes unless the defendant violates a criminal statute designed to protect the class of persons to which the plaintiff belongs

Question 8

What is the general rule for self-defense

Answer 8

Self-defense allows a defendant to use reasonable force if the defendant reasonably believes that harmful contact is imminent

Question 9

Elements of Self-defense

Answer 9

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

Question 10

Can one use deadly force for self-defense

Answer 10

NEVER unless the defendant has reasonable apprehension of death or great bodily harm

Question 11

T/F: Self-defense be raised after the battery stops

Answer 11

False

Question 12

Consent may be raised against what intentional tort(s)

Answer 12

Battery, Assault, Trespass to Land/ Chattel, False Imprisonment

*I made an educated guess with these.

Question 13

Defense of Self may be raised against what intentional tort(s)

Answer 13

Battery, Assault and False Imprisonment

Question 14

What is the Castle Doctrine

Answer 14

Allows a person to protect their occupied dwelling at night by using deadly force without any questions.

Question 15

When can the plaintiff raise the castle doctrine

Answer 15

When the intruder attempts to enter an OCCUPIED DWELLING AT NIGHT.

Question 16

What is the general rule for defense of others

Answer 16

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

Question 17

T/F: Mistake does not negate the privilege of defense of others

Answer 17

CL: Mistakes does NOT negate
ML: If mistake was reasonable, may assert defense

Question 18

T/F: Does the same rules apply for defense of others as self-defense

Answer 18

True; Place the defendant in the shoes of the person being protected

Question 19

Define deadly force

Answer 19

Force that causes death or serious bodily harm

Question 20

What is the general rule for defense of real property

Answer 20

Allows a defendant to use REASONABLE force to prevent intrusion to their property

Question 21

What must the defendant do to raise defense of real property

Answer 21

D must ask the party to cease + desist interference with the property

Question 22

T/F: Can deadly force be used to protect property

Answer 22

False

Question 23

Hot pursuit doctrine

Answer 23

Only use reasonable force in pursuit of another who has taken property

Question 24

The general rule for recovery of real property

Answer 24

A person wrongfully deprived of chattel is privileged to use reasonable force to recover the chattel immediately after dispossession

Question 25

T/F: Any unnecessary time lag eliminates the privilege

Answer 25

True

Question 26

T/F: Mistake is okay to raise privilege recover of real proeprty

Answer 26

False

Question 27

What is the general rule for shopkeeper’s privilege

Answer 27

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.

Question 28

T/F: Can a retailer detain an individual

Answer 28

True; provided that there is a reasonable belief that shoplifting has occurred.

Investigation + detention must be reasonable

Question 29

T/F: The owner of a yard sale can raise the shopkeeper’s privilege

Answer 29

False

Question 30

What are the two types of necessity

Answer 30

Private + Public

Question 31

When can a defendant assert public necessity

Answer 31

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

Question 32

When can a defendant assert private necessity

Answer 32

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.

Question 33

What is the general rule for justification (or a privilege)

Answer 33

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

Question 34

Elements of justification

Answer 34

(1) Must be a legally protected interest

(2) the defendant’s conduct was in furtherance of that legal right

Question 35

Defense of self can be raised against which IT

Answer 35

Battery, assault + false imprisonment

Question 36

Defense of Property can be raised against which IT

Answer 36

Trespass to Land/Chattel + Conversion

Question 37

Necessity can be raised against which IT

Answer 37

Trespass to Land/Chattel + Conversion