Defenses to Intentional Torts Flashcards
Consent
π MUST have capacity to consent
Those who lack capacity:
- Children
- Mentally Impaired
- Coerced/Forced
- Fraud or Mistake
Express Consent (but look for facts relating to mistake, fraud, coercion)
Implied Consent: Arises thru custom & usage or thru a π’s own conduct
Self-Defense
A person is justified in using reasonable force to prevent what she reasonably believes to be an imminent threat of force against her.
BOTH subjectively AND objectively reasonable
Reasonable Force: A person may use only the degree of force reasonably necessary to avoid the threatened harm.
Defense of Others
A person may defend another person IN THE SAME MANNER & UNDER the SAME CONDITIONS as the person attacked would be entitled to defend himself
Mistaken belief: A defender is NOT liable if he reasonably believed that another person was endangered (place in shoes)
Defense of Property
A persona may USE REASONABLE FORCE to defend his real or personal property. However, DEADLY FORCE MAY NEVER BE USED to protect property alone.
Hot pursuit fact pattern
No higher shopkeeper privilege
Necessity
Necessity is used ONLY in conjunction w/INTENTIONAL TORTS TO PROPERTY
Public Necessity = AN unlimited privilege to protect a lot of people
Private Necessity = A qualified privilege to protect a limited number of people
Discipline
Parent (even teacher) can use reasonable force to discipline (common sense)
