Defenses to Intentional Torts Involving Personal Property Flashcards
1
Q
What are the defenses for torts involving personal injury?
A
Consent
- Express: Consent by mistake is valid unless defendant caused mistake or knew of it and took advantage of it. If fraud, invalid if it goes to essential matter. If duress, not valid, must be present action.
- Implied: Emergency/athletics/combat
Self-Defense
- Reasonable force and reasonably belief. Mistake is ok.
- Stand your ground = majority.
- Duty to retreat (unless not safe to do so or in home) = minority.
- Initial aggressor cannot claim self defense unless non-deadly force met with deadly force.
- Not liable for 3rd parties if accidental.
Defense of Others
Defense of Property
- No deadly force or traps.
- Can use for chattels if request first.
- Cannot use to acquire property.
Parental Discipline
Defense of Arrest
- Felony: Private citizen: yes if reasonable grounds to suspect person committed and felony committed. Reasonable mistake ok for ID, but not for commission. However, police can be mistake as to both.
- Misdemeanor: Allowed if police in the presence and for private citizen unless breaches peace.
