Defenses to Intentional Torts

Question 1

First issue with consent is always. . .

Answer 1

Legal capacity.

Question 2

True or False? Legal capacity is always needed to give consent.

Answer 2

Yes

Question 3

The majority view is that one can/cannot consent to a criminal act.

Answer 3

Cannot

Question 4

Two types of consent?

Answer 4

Express

Implied

Question 5

Express consent is . . .

Answer 5

An express declaration of consent to something that would otherwise be a tort.

Question 6

“Come on in” is an example of . . .

Answer 6

Express consent.

Question 7

Express consent is negated if it is obtained through . . .

Answer 7

Fraud or duress.

Question 8

Implied consent arises in one of two ways:

Answer 8

Usage (custom consent)

Defendant’s Reasonable Interpretation of Plaintiff’s Objective Conduct and Surrounding Circumstances (body language consent)

Question 9

Most common example of implied consent by custom?

Answer 9

Playing sports

Question 10

Defendant’s Reasonable Interpretation of Plaintiff’s Objective Conduct and Surrounding Circumstances (body language consent) allows us to rely on . . .

Answer 10

Social cues

Question 11

All consent has a scope. If D exceeds the consent of scope given, he . . .

Answer 11

Is back to committing a tort.

Question 12

Implied consent by law arises when . . .

Answer 12

Action is necessary to save a person’s life or some other important interest in person or property.

Question 13

What are the three Protective privileges?

Answer 13

Self Defense

Defense of others

Defense of property

Question 14

You may respond to a threat only when the threat is . . .

Answer 14

Imminent OR in progress.

Question 15

You may not use protective privileges once . . .

Answer 15

The threat is over.

Question 16

In order to invoke a protective privilege, you need a reasonable belief . . .

Answer 16

That the threat is legitimate

Question 17

You do/don’t lose a protective privilege if you make a reasonable mistake.

Answer 17

Don’t

Question 18

When using a protective privilege, the response must be this and no more.

Answer 18

Necessary under the circumstance.

Question 19

When using a protective privilege, you must use _____ force.

Answer 19

Proportional.

Question 20

Since protective privilege is a rule of symmetry, if someone attempts to use deadly force on you, you may do so in return. T or F?

Answer 20

True

Question 21

You can/cannot use deadly force to protect property.

Answer 21

Cannot

Question 22

Necessity Defenses: Name the two.

Answer 22

Public Necessity Defense

Private Necessity Defense

Question 23

Necessity Defenses relate only to what sort of torts?

Answer 23

Property

Question 24

When does a “public necessity” defense arise?

Answer 24

When D invades P’s property in an emergency to protect the community as a whole or a significant group of people.

Question 25

In a "public necessity" problem, there will be some sort of serious emergency. The good samaritan is/isn't on the hook for damages.

Answer 25

Isn't

Question 26

Public Necessity Defense is a complete or partial defense to property torts?

Answer 26

Complete

Question 27

When does a private necessity defense arise

Answer 27

D invades P's property to protect an interest of his own.

Question 28

Private Necessity Defense is a complete or partial defense to property torts?

Answer 28

Partial.

Question 29

Two legal consequences of Private Necessity Defense?

Answer 29

D remains liable for actual property damage (but not nominal or punitive damages) As long as the emergency continues, the plaintiff cannot throw the defendant off the land.

Question 30

When successfully pleading a Private Necessity Defense, the D D remains liable for ____________, but not for ____ or _____ damages)

Answer 30

Actual property damage Not nominal or punitive

Question 31

D is a cross-country hiker in rural MN in February. Suddenly, a blizzard arises and the weather becomes hazardous. D realizes that if he doesn't take shelter, he will die. All D can see is a lone farmhouse on a prairie a half-mile away. Dave knocks, but no one answers. Dave breaks in and spends the night. He leaves the neck morning. Owner sees the damage the next day and sues Dave for the damage Dave inflicted when breaking in. Successful? Explain.

Answer 31

Owner will be successful in getting actual damages for the window. Private Necessity Defense allows for recovery of actual property damage.

Question 32

D is a cross-country hiker in rural MN in February. Suddenly, a blizzard arises and the weather becomes hazardous. D realizes that if he doesn't take shelter, he will die. All D can see is a lone farmhouse on a prairie a half-mile away. Dave knocks, but no one answers. Dave realizes the door is open. He walks in, spends the night, and leaves the next day. Owner sues Dave trespass. Requests nominal damages--$1. Successful? Explain.

Answer 32

No. No nominal damages. Private Necessity Defense allows for recovery of actual property damage, but no punitive or nominal damages Moroever, since no damages were inflicted by D, there really is no technical trespass.

Question 33

D is a cross-country hiker in rural MN in February. Suddenly, a blizzard arises and the weather becomes hazardous. D realizes that if he doesn't take shelter, he will die. All D can see is a lone farmhouse on a prairie a half-mile away. Dave knocks, but no one answers. Dave realizes the door is open. He walks in, spends the night, and leaves the next day. Owner sues Dave trespass. Requests punitive damages--$15,000. Successful? Explain.

Answer 33

No. No punitive damages. Private Necessity Defense allows for recovery of actual property damage, but no punitive or nominal damages

Question 34

D is a cross-country hiker in rural MN in February. Suddenly, a blizzard arises and the weather becomes hazardous. D realizes that if he doesn't take shelter, he will die. All D can see is a lone farmhouse on a prairie a half-mile away. Dave knocks, but no one answers. Dave realizes the door is open. He walks in and lies down. Owner wakes up from a nap and comes downstairs. He kicks D out. D gets frostbite. Is O liable?

Answer 34

Yes. D had the right to take sanctuary in O's home under the Private Necessity.

Question 35

When can you use force to defend someone else?

Answer 35

When the actor reasonably believes that the other person could have used force to defend himself.

Question 36

When using force to defend someone else, is mistake allowed?

Answer 36

Yes, a reasonable mistake as to whether the other person is being attacked or has a right to defend himself is permitted.