Defenses to Intentional Torts

Question 1

Consent

Answer 1

if Plaintiff consents to Defendants tortious conduct, D is not liable for that act.

plaintiff must be capable of consenting

they cannot be drubk, mentally impaired or young children

Question 2

express consent

Answer 2

written or verbal consent

it can be nullified by duress, fraud or mistake.

Question 3

implied consent

Answer 3

consent that can be reasonably infered based on custom behavior or observable conduct

example- you are boxer or football player

Question 4

Self Defense

Answer 4

You may defend your self if these 3 things are true:

1. Reasonable belief: that a tort is being or about to be committed.
2. Proper timing: a tort must be actually in progress or imminent
3. Reasonable Force- The force must be proportionate to the threat of harm

Deadly force may only be use if the person reasonably believes a life is in danger. Deadly force is never permitted to protect property alone.

Question 5

Defense of Others

Answer 5

You may defend another person who is the intended target of a tort if the these 3 things are true:

1. Reasonable belief: that a tort is being or about to be committed.
2. Proper timing: a tort must be actually in progress or imminent
3. Reasonable Force- There force must be proportionate to the threat of harm

You may not use greater force than the intended target could have reasonably used .

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Question 6

Defense of Property

Answer 6

is available to prevent tort against property.

If a person has a privilege to enter land, then defense of property is not available