Defenses to Intentional Torts Flashcards
Any consent fact pattern raises two questions:
Was there a valid consent?
Did the defendant stay within the boundaries of the consent?
Express (actual) consent
Defendant not liable if the plaintiff consented to the D’s conduct.
Exceptions to express consent
Exceptions (1) mistake will undo express consent if the defendant knew of and took advantage of the mistake (2) consent induced by fraud will be invalidated if it goes to an essential matter, but not a collateral matter; and (3) consent obtained by duress will be invalidated unless the duress is only threats of future action or future economic deprivation.
implied consent
Apparent consent is that which a reasonable person would infer from custom and usage or the plaintiff’s conduct, for example, normal contact inherent in body-contact sports etc.
Self-defense
When someone reasonable believes that they are in danger of being attacked, they may use such force as is reasonably necessary to protect against injury
When is the defense of others defense available?
One may use force to defend another when they reasonably believe that the other person could have used force to defend themselves.
When is the defense of property available?
One may use reasonable force to prevent the commission of a tort against their real or personal property.
For the privilege to apply, the following conditions must be satisfied:
There must be a reasonable belief as to the fact of theft
the detention must be conducted in a reasonable manner and only nondeadly force can be used
the detention must be only for a reasonable period of time and only for the purpose of making an investigation
Necessity
A person may interfere with the real or personal property of another when it is reasonably and apparently necessary in an emergency to avoid injury from a natural or other force and when the threatened injury is substantially more serious than the invasion.
