Defenses to Intentional Torts

Question 1

consent

Answer 1

If P validly consents to D’s otherwise tortious conduct, D is not liable for that act

Question 2

Defenses

Answer 2

reasonable belief that torts is imminent or in progress and proportionate to threat of harm

Question 3

necessity

Answer 3

D reasonably trespasses or damages P’s property in an effort to avoid a **greater immediate **danger

Question 4

recapture of chattels

Answer 4

D has a legal privilege to:
1. use **peaceful means **to recover posession of chattel taken unlawfully and
2. use reasonable, non-deadly force if in **hot pursuit **of the chattel-taker

must make timely demand for return first (if not futile or dangerous) … NOT for hot pursuit

Question 5

what if owner expels someone on their property with valid necessity

Answer 5

owner is liable for any damage caused

Question 6

public necessity

Answer 6

D’s invasion was to protect community or large group of people

Absolute defense - owner cannot recover

Question 7

private necessity

Answer 7

D’s invasion was to protect his own property, self, or small group

Limited defense - owner can recover damages for actual damages

Question 8

self-defense and defense of others

Answer 8

deadly force ONLY unless threat to life or serious bodily injury

reasonable force otherwise

Question 9

defense of property

Answer 9

reasonable force NOT deadly force

Unavailable if initial actor had a privilege to enter land –> **NO FORC

Question 10

shopkeeper’s privilege

Answer 10

1. reasonable belief a theft occurred
2. may detain in reasonable manner for purposes of investigation
3. detention is** reasonable in length and scope**
   ONLY non-deadly force

Question 11

wrong ways to defend property

Answer 11

1. deadly force
2. shot gun trap
3. viscious dog