Defenses to Intentional Torts Flashcards
A defendant who acted in accordance with the plaintiff’s
informed and voluntary assent, whether express or implied, is not liable for the resulting harm so long as the plaintiff had legal capacity.
Defense of Consent
A person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself
Self-Defense
A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person
Defense of Others
In some jurisdictions a person is not allowed to use the defense of “defense of others” unless the person being defended was not the aggressor and had the right to use self-defense
Step-In-Shoes Jurisdiction
In other jurisdictions, a person defending another in good faith and in ignorance of the fact that the person being defended is the aggressor and not entitled to use self-defense is nevertheless justified when acting upon reasonable appearances. Sometimes it is further required that the person being defended is one whom the defender is authorized by statute to protect
Reasonable Appearances Jurisdiction
A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his or her possession of real or personal property against an apparent trespasser.
Defense of Property
A person, whether a police officer or a private person, may use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence.
Defense of Prevention of Crime
A person may commit an otherwise tortious act if it is done under legal process or is otherwise authorized by law.
Defense of Legal Authority
A person may commit an otherwise tortious act if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property. The person claiming this may act on appearances. A reasonable mistake is permitted.
Defense of Necessity
A person may commit an act which would otherwise be tortious if he or she is acting in fresh pursuit and with a reasonable degree of force to regain possession of his or her property. There are three separate aspects to this particular defense: re-entry upon land, recapture of chattel, and the
Shopkeeper’s Rule.
Defense of Recovery of Property
A business person has a limited privilege in some jurisdictions to detain a suspected thief, e.g., shoplifter or embezzling employee, to investigate the shopkeeper’s claim to the goods, even though it may be determined that no wrongful taking has been committed.
Shopkeeper’s Rule
relates to the requirement that a person recapturing a chattel or a shopkeeper detaining a suspected thief must do so without unreasonable delay after discovering the loss.
Fresh Pursuit
