Defenses to Intentional Torts

Question 1

What affirmative defense is described below?

One can use and/or damage property of another if there is a risk to person or property but must later compensate owner for it.

Answer 1

Necessity.

Question 2

In the defense of necessity, one can use and/or damage property of another if there is a risk to person or property but must later _________ _______ for the damage done.

Answer 2

compensate owner

In the defense of necessity, one can use and/or damage property of another if there is a risk to person or property but must later compensate owner for it.

Question 3

Q1. “One may sacrifice the _________ __________ of another to save his life or the lives of his fellows.” - Ploof v. Putnam

Q2. What affirmative defense is described above?

Answer 3

Q1. Personal Property

One may sacrifice the personal property of another to save his life or the lives of his fellows.”

Q2. Necessity

Question 4

An exception to the defense of Necessity, is that the harm sought to be avoided cannot _________?

Answer 4

arise from a dilemma of one’s own making.

An exception to the defense of Necessity, is that the harm sought to be avoided cannot arise from a dilemma of one’s own making.