Defenses to Intentional Torts Flashcards
Express (Actual) Consent
Exists where the plaintiff has expressly shown a willingness to submit to defendant’s conduct.
Express Consent by Mistake
Where a plaintiff expressly consents by mistake, the consent is still a valid defense unless the defendant caused the mistake or knows of the mistake and takes advantage of it
Express Consent Induced by Fraud
If the expressly given consent has been induced by fraud, the consent generally is not a defense. The fraud must go to an essential matter though.
Express Consent Obtained by Duress
Consent obtained by duress may be held invalid.
Implied Consent - Apparent Consent
Apparent consent is that which a reasonable person would infer from plaintiff’s conduct. May also be inferred as a matter of usage or custom.
Implied Consent - Consent Implied by Law
Consent may be implied by law where action is necessary to save a person’s life or some other important interest in person or property.
Self-Defense - Definition
When a person has reasonable grounds to believe that he is being, or is about to be, attacked, he may use force as is reasonably necessary for protection against the potential injury.
When is self-defense available?
- Reasonable Belief
- Retaliation not allowed
- Retreat not necessary
- Not available to Aggressor
Self-Defense: How Much Force May be Used?
One may use only that force that reasonably appears to be necessary to prevent the harm.
Self-Defense: Extent to Third Parties
If, in the course of reasonably defending himself, one accidentally injures a bystander, he is protected by the defense.
Defense of Others: When Available?
The actor need only have a reasonable belief that the person being aided would have the right of self-defense. The defender may use as much force as he could have used in self-defense if the injury were threatened to him.
