Defenses to Intentional Torts

Question 1

Self-Defense

Answer 1

Privilege if the defendant honestly believed in an imminent threat of a harmful or offensive contact and his use of force was necessary and reasonable under the circumstances.

Question 2

Repossession of Property

Answer 2

Defendant is privileged to use non-deadly and reasonable force to protect property.

Question 3

Shopkeeper’s Privilege

Answer 3

A shopkeeper may detain a customer when they have reasonable cause, their actions were proper, and they were carried out in a reasonable manner for a reasonable length of time.

Question 4

Consent

Answer 4

Consent of the plaintiff to a touching can negate the “intent” element. The plaintiff’s consent only extends to a specific contact.

Question 5

Public Necessity

Answer 5

Trespass or conversion of chattels is privileged when there is a public necessity and the defendant acts with reasonable belief and reasonable force.

Question 6

Private Necessity

Answer 6

Trespass is privileged when there is a private necessity to save life, limb and property. The defendant will still be liable for damages resulting from the trespass.