Defenses to Intentional Torts

Question 1

Express Consent

Answer 1

words in quotes by the plaintiff granting the defendant permission

Question 2

Children have the capacity consent to

Answer 2

age-appropriate activities

Question 3

Express consent is not a valid defense if

Answer 3

that consent was obtained through fraud or duress.

Question 4

Implied consent can be found through

Answer 4

(1) customary practice; or (2) based on the defendant’s reasonable interpretation of the plaintiff’s objective conduct and the surrounding circumstances.

Question 5

All consent has a scope which is defined by the usual behavior under the circumstances. Soooo

Answer 5

If the defendant’s conduct exceeds the scope of consent he forfeits liability.

Question 6

Lack of capacity

Answer 6

Consent is invalid if π is a child, intoxicated, unconscious UNLESS implied as a matter of law when (1) π is unable to give consent (2) immediate action is necessary to safe π’s life or health, (3) there is no indication that π would consent if able ; (4) a reasonable person would consent

Question 7

Self-Defense

Answer 7

A person is entitled to use reasonable force to prevent any threatened confinement or imprisonment

only for protection and not for relation, vernal provocation, or anything not imminent

Question 8

Duty to retreat

Answer 8

2nd restatement says to use non-deadly force but can’t use deadly force unless in your home

Question 9

Defense to property

Answer 9

must issue a warning first, reasonable force. you can mistake danger (whether force is necessary) but not whether someone has the right to be there

Question 10

Recapture of Chattels

Answer 10

If the property was wrongfully taken, the owner can use reasonable pursuit in getting it back in “fresh pursuit” (without unreasonable delay)

Question 11

Necessity

Answer 11

∆ has a privilege to harm property where it is needed to prevent great harm to others

(I.E firefighters destroy the house on fire)

Question 12

Shopkeepers privilege

Answer 12

A shopkeeper may detain a suspected shoplifter for a reasonable period of time so long as they had a reasonable belief that the person was a shoplifter.

Question 13

Defendant must show this to successfully assert “Protective Privileges”

Answer 13

(1) property timing (that the threat was in progress or imminent; and (2) that he reasonably believed the threat was genuine.

Question 14

The defendant is permitted to use the amount of force that is

Answer 14

proportional to the threat.

Question 15

The only defense to the three property torts (trespass to land, trespass to chattel, and conversion).

Answer 15

Necessity

Question 16

Public Necessity arises when

Answer 16

a defendant commits a property tort in an emergency to protect the community as a whole or a significant group of people.

Question 17

Public necessity is a _____ defense to liability

Answer 17

absolute

Question 18

Private Necessity arises when

Answer 18

defendant commits a property tort in an emergency to protect an interest of his own.

Question 19

Private necessity is a _____ defense to liability

Answer 19

limited

Question 20

Is there an incapacity defense for intentional torts?

Answer 20

No

Question 21

Emergency defense: As long as the emergency persists, the plaintiff property owner

Answer 21

must allow the defendant to remain in a place of safety / a plaintiff property owner will be liable for injuries cause by denying the defendant a place of safety.

Question 22

If the defendant raises the defense of private necessity the defendant will

Answer 22

will be liable to the plaintiff property owner for any compensatory damages; however, the defendant will not be liable for nominal or punitive damages.