Defenses to intentional torts Flashcards
A punches B, B fights back, and A fights back harder. Can A claim self-defense?
No, A was the origonal aggressor
A pushes B, B goes apeshit of A, and A fights back harder and wins. Can A claim self-defense?
Yes, the amount of force B used was unreasonable
A punches B but then backs away and says they don’t want to fight anymore. B punches A and A fights back, can A claim self-defense?
Yes, A withdrew from the encounter and communicated their interest to withdraw.
Paul was screaming insults at Jean, She asked Paul to stop multiple times but he continued and escalated the severity of the insults. Jean finally had enough and socks Paul right in his face. Can Jean claim self-defence?
No, provocations are not enough to justify self-defence.
R is known for being violent and attacking people without provocation. T knows this and tries to avoid R at all times. T runs into R in the hallway and R starts angrily moving towards T with one fist balled and the other hand pointing right at T. As R gets close T preemptively does a leg sweep and knocks R to the ground. Is this self-defense?
Yes, A Defendant may use force or threat of force in self-defense if the Defendant reasonably believes self-defense is needed and the force or threat is reasonable and responsive to the apparent threat by
the Plaintiff.
Even if T is mistaken
What does a stand-your-ground law do to the duty to retreat?
It negates it, around half of the states have one.
How does the defense of another person affect the elements of self-defense?
The basis for the defense of others is the same for self-defense.
What if you mistakenly belive that you must defence yourself from an attacker?
As long as you have a reasonable belief, then a mistake does not negate the defense.
G is attempting to steal Y’s purse, is she allowed to cut off his leg with a chinsaw so long as he doesn’t die?
No, A possessor of land or chattel doesn’t have privilege to cause serious harm or death unless their own safety is at risk.
Kyle breaks into your house trying to steal your collection of rare Faberge eggs, you catch him and he points a gun at you. Can you kill the bastard?
Yes, human life is heald above property. So the only situation in which you can kill someone in defense of property is when your life is at risk.
Kyle now has successfully stolen half of your Faberge eggs and is hightailing it out of there. Can you hunt him down Batman style and deliver swift and deadly justice?
No, Recaputre of Chattels can not be done through self-help means. Only via legal processes if it can’t be done peacefully.
You own a Faberge egg store. Kyle has been lurking around in his trench coat and it looks like he stuffed something in his pocket. You reasonably believe that he is stealing eggs again and he hasn’t left the premises yet. Can you detain him at the store?
Yes, as long as you have called the cops (2nd). According to the Shopkeeper rule, if you reasonably believe that someone has committed a tort. you can reasonably detain them on the premises until you have had time to gather facts. The calling of a law enforcement officer is included in the reasonable detainment.
Can you use force to detain Kyle on the premises of your Faberge egg store while the cops come?
It depends, was the force reasonable? The second restatement allows a shopkeeper to use reasonable force so long as the force is not expected or likely to cause serious harm.
Can a store owner attempt to recapture stolen goods?
Recapture is permitted if done immediately or in fresh pursuit while using a reasonable amount of force.
When is consent presumed (3rd)
Consent is presumed where under social norms the actor is justified to engage in the conduct without actual consent and the actor has no reason to believe that consent wouldn’t have been given if requested.
