Defenses to intentional torts

Question 1

Consent

Can be invalidated by

Answer 1

Permission for something to happen or to do something.

Can be invalidated by FACTSI

Fraudulently induced
Actual awareness that not given by D
Capacity lacking
Threat of force
Scope (went beyond)
Illegal

Revocable at any time.
Limited scope.
Can be express or implied by facts or law.

Question 2

Self-defense definition

and

Acronym

Answer 2

Justified use of reasonable and proportional force necessary to protect a person from imminent harm.

Justified to get AgRIP on the situation:

Aggressor (D is not)
Reasonable belief that
Imminent harm can be avoided with force
Proportional to harm avoided

Majority - NO duty to retreat (35/50 states)
Minority - YES duty to retreat (15/50 states)

Mistake sometimes a defense

Question 3

Defense of others definition

and

Traditional/modern interpretations

Answer 3

Justified use of reasonable force to protect a 3rd party from imminent harm.

Traditional - limited privilege rule - only when person being defended was privileged to use force (e.g., undercover police officer = D guilty).

Modern - Restatement rule - when D reasonably believes the person being defended was privileged to use force.

Question 4

Defense of property definition

and

Acronym for memory

Answer 4

Reasonable force used to prevent a tort against real or personal property.

DOP

Deadly force unreasonable
Open your eyes, mistake not an excuse
Proportional to harm avoided, fresh pursuit may increase

Question 5

Necessity (intentional torts)

and

Acronym…I really have to…

Answer 5

1. Reasonable interference
2. with property interest or person
3. due to emergency
4. which excuses damages
5. where necessity > potential harm from interference.

PPPPP

Perceives immediate need to appropriate property
Purpose of avoiding greater injury
Public - protect community at large, not liable for damages
Private to protect private interest , liable for actual damages but not trespass
Placing spring guns never reasonable

Question 6

Which defenses do NOT apply to intentional torts

Answer 6

1. Insanity
2. Infancy
3. Mistake

However, could still be relevant in determining subjective intent of D (circumstantial evidence).

Question 7

Defenses to intentional torts

Answer 7

Consent
Self-defense
Defense of 3rd party
Defense of property
Duress
Recapture of property

When there was a reasonable CoSDD