Defenses to Intentional Torts

Question 1

Consent (3 types)

Answer 1

(1) Actual consent
(2) Apparent consent
(3) Implied consent

Question 2

Self-Defense

Answer 2

(1) Reasonable belief of imminent physical harm from another
(2) Reasonable belief that force is necessary to minimize or prevent the harm
(3) Force used in response is proportional
(4) Defendant was not the initial aggressor

Question 3

Defense of Others

Answer 3

(1) Reasonable belief that another party is about to be physically harmed
(2) Reasonable belief that force is necessary to minimize or prevent the harm
(3) Force used in response is proportional
(4) Defendant was not the initial aggressor

Question 4

Defense of Property

Answer 4

(1) Reasonable belief another is about to enter or interfere with the defendant’s property
(2) D asked the intruder to desist or request would prove futile
(3) The other person is not privileged to enter or interfere
(4) Force used is proportional

Question 5

Public Necessity (complete defense)

Answer 5

(1) D acted in response to a harm
(2) The harm threatened a large group of people or the public as a whole
(3) The harm threatened is substantially greater than the harm caused by D’s actions

Question 6

Private Necessity (qualified defense)

Answer 6

(1) D acted in response to a harm
(2) The harm threatened the defendant’s property or a small group of people
(3) The harm threatened is substantially greater than the harm caused by D’s actions

Question 7

Discipline

Answer 7

(1) D is a parent or standing in loco parentis
(2) Reasonable force or confinement
(3) Force or confinement appeared reasonably necessary for the discipline, control, or education of the child

Question 8

Reasonableness of force factors (Discipline)

Answer 8

(1) Child’s age, sex, and physical and mental status
(2) Seriousness of the behavior that precipitated the discipline
(3) Importance to the parent of ensuring compliance
(4) Foreseeable short- and long-term consequences of the discipline

Question 9

Recapture of Chattels

Answer 9

(1) Property unlawfully taken
(2) Hot pursuit
(3) Force used was reasonably necessary

Question 10

Shopkeeper’s privilege

Answer 10

(1) Reasonable belief that P engaged in or was about to engage in shoplifting
(2) Detention was for a reasonable amount of time
(3) Force used was reasonable (NO DEADLY FORCE)