Defenses to Intentional Torts

Question 1

Is consent a defense?

Answer 1

Yes. To all intentional torts.

Question 2

How can consent be given?

Answer 2

Express with words or writing (cannot be due to fraud or duress)

Implied consent - custom or usage

Body language consent

Question 3

When will you be liable WITH consent?

Answer 3

If you exceed the scope of the consent given.

Question 4

What are protective privileges?

Answer 4

Self defense
Defense of others
Defense of property

Question 5

What force can be used with protective privileges?

Answer 5

Proportional force only

Question 6

What are the factors to consider when using protective privileges?

Answer 6

Was there a reasonably genuine threat?
Did D react in real time with no delays

Question 7

What is the shopkeepers privilege?

Answer 7

Shopkeep can hold shoplifter in store with reasonable means until police arrive without being found liable for false imprisonment

Question 8

Public Necessity Defense

Answer 8

D is protecting community in emergency

This is a complete defense

Question 9

Private necessity defense

Answer 9

This is a qualified defense. D is only protecting his own interests.

Can remain as long as emergency lasts (sanctuary)

Compensatory damages to owner

No liability for punitive or nominal damages