Defenses to Intentional Torts

Question 1

Affirmative Defense

Answer 1

An intentional tort was committed, but there was a reason or privilege that precludes recovery

Question 2

Mistake

Answer 2

NOT A DEFENSE for trespass or trespass to chattel

1. Ranson v. Kitner- killed P’s dog thinking it was a wolf, mistake was NOT a defense

Question 3

Consent

Answer 3

Plaintiff agrees to the intentional waiver of a legally protected right

1. have to consent to every part of the action
2. no consent if lied to or tricked (fraud or coercion)
3. Can be expressed or implied
   i. Emergency Doctrine- in emergency situations, consent is implied (like surgery)

Mohr v. Williams when the doctor decided to do surgery on the other ear without consent, not an emergency

Question 4

Self/Other Defense

Answer 4

1. Reasonable force to defend against bodily harm one reasonably believe another is about to inflict
   i. Force must be proportional to “threat”
2. Deadly force is allowed when threat is deadly, not otherwise
3. Some jurisdictions have a Duty to Retreat, while others have Stand your Ground

Courvoisier v. Raymond- D was not looking to harm P but, after seeing P reach for his hip, D felt threatened and shot

Question 5

Defense of Property

Answer 5

1. Reasonable non-deadly force, must ask them to leave first as life>property (Katko v. Briney when they set that spring trap which blew the mf leg off)
2. Privilege of self-defense may be triggered if property owner is present
3. Reasonableness test for protecting private property:
   a. value of property vs. cost of life and limb
   b. existence of adequate legal remedy as an alternative
   c. location of property in terms of difficulty protecting by other means (ex. farm in the middle of nowhere)
   d. warnings given
   e. deadliness of device used
   f. character of conflicting activities
   g. Cost of avoiding interference by other means

Question 6

Public Necessity

Answer 6

Actions for the good of society

Question 7

Private Necessity

Answer 7

1. Using or damaging someone else’ property to protect your life or property
2. Conditional/Imperfect Privilege- Although you have the right to do this, you must pay for the damage you caused after