Defenses to Intentional Torts

Question 1

Consent

Answer 1

P was willing for tortious contact to occur

a question of fact

express consent v. implied consent

consent procured by fraud is invalid

Question 2

Defense of Self

Answer 2

Objective; reasonable belief

D cannot be initial aggressor

Use of force must be necessity at the time force is used and be proportionate to other force

Permitted use of force against serious bodily injury

Minority: Retreat to wall

Majority: stand your ground

Question 3

Defense of Others

Answer 3

Mirrors self-defense

When D reasonable believes 3rd party could use self-defense

Intervention necessary at that time

Minority: if D believes that use of force is necessary, D may use defense of others

Majority: D steps into shoes of 3rd party

Question 4

Defense of Real Property

Answer 4

Defense of land or property from intrusion

1. P is trespassing
2. D has reasonable belief force is necessary
3. D requested P to leave

intruder must use force for D to use violence

no deadly force unless human life is in danger

reasonable force to eject trespasser

Question 5

Poliak v. Adcock

Answer 5

TN Case

Man hits daughter’s boyfriend with a board of wood while he is in bed and claimed defense of property

Question 6

Defense and Recovery of Personal Property

Answer 6

Defense of Chattel

D can use force to take chattel back that were taken by P but must be exercised properly

D is privileged to use reasonable force to recover chattel immediately after dispossession limited to:
hot pursuit
demand unless useless or dangerous
reasonable under circumstance

Question 7

Shopkeeper’s Privilege

Answer 7

allows shopkeepers to hold someone if they reasonably believe they have committed theft

Question 8

Public Necessity

Answer 8

D acting to prevent some harm from some force of nature or other independent cause not connected to P

anyone acting as “champion of the public” can use this defense; complete privilege, D pays $0 in damage to P

1. Privilege to destroy, damage, or use real property
2. If she reasonably believes
3. it is necessary to avert
4. imminent
5. public disaster

Question 9

Private Necessity

Answer 9

Protects interest unique to D. Limited privilege

No liability for technical tort but D must pay for the actual damages caused to P