defenses to intentional torts

Question 1

defenses to intentional torts

Answer 1

1) consent
2) self-defense
3) public necessity
4) private necessity

Question 2

consent defense

Answer 2

can be express or implied; D can be held liable for conduct that exceeds the scope of P’s consent

Question 3

self-defense

Answer 3

defendant reasonably believes force is necessary to protect against the unlawful use of force

Question 4

defense of others

Answer 4

D must reasonably believe that the person they’re aiding would have the right of self-defense

Question 5

defense of property

Answer 5

reasonable force allowed, but no deadly force/force causing serious bodily harm

Question 6

public necessity

Answer 6

D acts to protect the public from a greater harm that would have occurred had he not acted

absolute defense

Question 7

private necessity

Answer 7

D acts to prevent an individual interest

limited defense; can only recover for actual harm to D’s property

Question 8

recapture of chattels

Answer 8

D can use peaceful means to recover possession of chattel taken unlawfully, and to use reasonable, non-deadly force if in fresh pursuit of the chattel-taker