Defenses To Intentional Torts

Question 1

Elements of self-defense?

Answer 1

1. A person is justified in using physical force on another to defend himself or a third party from what he reasonably believes to be the imminent use of physical force
2. Can use a degree of force reasonably necessary

Question 2

What kind of defense of property is allowable?

Answer 2

No privilege to use force likely to seriously harm or kill; protection of property should be reasonable

Question 3

Elements of shopkeeper’s privilege?

Answer 3

A merchant can detain a suspected thief if:

1. There is reasonable cause
2. Detaining is done in a reasonable manner for a reasonable time for questioning or summoning police

Question 4

What is the exception where consent cannot be used as a defense?

Answer 4

Power imbalance between the parties

Question 5

When is the taking of private property for public use acceptable?

Answer 5

Acceptable in the case of impending necessity to protect the interests of society

Question 6

When is it acceptable to take or damage private property for private use?

Answer 6

Acceptable in the case of impending necessity to trespass onto the property of another to save his life, the lives of others, or protect his property from damage