Defenses to Intentional Torts

Question 1

Self Defense/Defense of Others (rule)

Answer 1

Under threat of imminent harmful or offensive contact, or under a reasonable apprehension of such an attack, defendant may use reasonable force in the circumstances, with no duty to retreat, to prevent threatened bodily harm.

Question 2

Imminent (self defense)

Answer 2

still threatened, not retaliation

Question 3

Reasonable apprehension (self defense)

Answer 3

Reasonable person in the circumstances would believe they were under attack, need to defend with force.

Question 4

Reasonable force (self defense)

Answer 4

Deadly force only if faced with deadly force or serious bodily injury.

Question 5

Duty to retreat? (self defense)

Answer 5

Majority - No duty if faced with deadly force

Minority - must retreat if possible when faced with deadly force before responding with deadly force.

Question 6

Home or office, or non-deadly response

Answer 6

No need to retreat

Question 7

Prevent threatened bodily harm (self defense)

Answer 7

Verbal abuse is not enough without overt act

Question 8

Defense of property (rule)

Answer 8

May use reasonable force in the circumstances to prevent tort.

Question 9

Reasonable force (defense of property)

Answer 9

Only force reasonably believes to be necessary to protect property. Never deadly.

Question 10

Consent (rule)

Answer 10

Consent may be express or implied as a matter of law.

Question 11

Implied (consent)

Answer 11

from conduct in light of the surrounding circumstances, a reasonable person would imply consent.

Question 12

As a matter of law (consent)

Answer 12

Consent implied when cannot consent (unconscious, ill, intoxicated, etc.), emergency, reasonable person would consent.

Question 13

Recovery of Personal Property (rule)

Answer 13

A person tortiously dispossessed of personal property may use reasonable force after a demand for its return, to promptly recover it from the wrongdoer or guilty third party and enter their land or an innocent third party’s land.

Question 14

Reasonable force

Answer 14

Never deadly. Only enough to regain the property.

Question 15

Promptly

Answer 15

Hot pursuit, continuous.

Question 16

Demand for return

Answer 16

Unless futile or dangerous.

Question 17

Public Necessity (rule)

Answer 17

A person may injure the property of another where reasonably necessary to avoid substantially greater harm to the public, no liability or damages.

Question 18

Reasonably necessary (public and private necessity)

Answer 18

reasonable person in the circumstances would believe it necessary and if mistaken, do not lose defense.

Question 19

Substantially greater harm. (public necessity)

Answer 19

must be severe, disaster

Question 20

Private Necessity (rule)

Answer 20

A person may injure the property of another where reasonably necessary to avoid a substantially greater harm to himself or his property, not technically a tort, but pays damages.

Question 21

Substantially greater harm (private necessity)

Answer 21

Weigh the private property interest against the damage they seek to avoid.