Defenses to intentional torts

Question 1

affirmative defense- Consent

Answer 1

Willingness in fact for a conduct to occur- can be manifested by words or actions

Question 2

communication of consent

Answer 2

if words/actions can reasonably understood to be intended as consent- then it is effective as such

Question 3

Withdraw of consent

Answer 3

notice needs to be given

Question 4

consent in games

Answer 4

willing participation in a game= consent to contact consistent w game

Question 5

misrepresentation and consent

Answer 5

If person consenting to conduct is induced to consent by misinformation= consent invalid

Question 6

Self defense

Answer 6

privilege to use reasonable force to defend themselves against unprivleged acts that they believe will cause bodily harm- based on IMMIENENT NEED

Question 7

deadly force in self defense

Answer 7

Usually- cannot use deadly force unless other person about to use deadly force on you (if someone says they’re going to punch you- you cant shoot them)

Question 8

Defense of others

Answer 8

Privilege to use reasonable force to defend another against unprivileged acts that they reasonably believe will cause another harm, based on IMMIENENT need to prevent invasion of another person

Question 9

Defense of property

Answer 9

Possessor of land chattels permitted to use reasonable force when needed to defend possession of land/chattels against intrusion

Question 10

Deadly force in defense to property?

Answer 10

One cannot use deadly force to protect property. In general- force cannot be greater than whatever harm a trespasser will bring about

Question 11

Public necessity

Answer 11

someone who damages property in a reasonable belief that by doing so they can avoid serious and immediate harm to public is protected against liability for intentional torts IF- public interests involved, and belief the action is needed is reasonable