Defenses to Intentional Torts

Question 1

(test)

Consent

Answer 1

Test: whether P’s conduct reasonably manifested consent

• Consent to contact; not consent to harm
• Consent to activities were a certain degree physical contact is assumed (fighting, Richard … sports, etc)
• Lack of words can help constitute consent
  (But if consent exceeds the rules of the game, no consent)
• Consent cannot be fraudulently induced, such as lying

Question 2

Justification Defenses

(self-defense, defense of others, defense of property)

Answer 2

1. Reasonable belief of need to defend IMMEDIATELY
2. Response has to be proportional

• Duty to retreat (get away easily) may not mean D needs to protect themselves
  (Not applicable if in own home)
• Deadly force includes death AND substantial harm (severe permeant harm)
• Can NEVER use deadly force to defend property
• CAN consider circumstances

Question 3

1st Amendment Defense

Answer 3

When D is liable for speech in IIED, 1st amendment rights can apply

Only to public speech

Public speech: any matter of political, social, or other concern of the community or subject of legitimate news interest