Defenses to Intentional Torts Involving Personal Injury Flashcards
Defenses to Intentional Torts Involving Personal Injury
(1) Consent
(2) Self-Defense
(3) Defense of Others
(4) Defense of Property
(5) Parental Discipline
(6) Privilege of Arrest
Consent
Consent may be express or implied
Self-Defense: Reasonable Force
Force proportionate to anticipated harm
Self-Defense: Deadly Force
Only ok if reasonable belief of serious bodily injury/death
Self-Defense: Duty to Retreat
No duty to retreat before using reasonable,
proportionate force
Self-Defense: Initial Aggressor
Generally not entitled to claim self-defense
Self-Defense: Injuries to Bystanders
Person acting in self-defense is not liable for injury to bystanders as long as injury was accidental and actor was not negligent
Defense of Others
May use reasonable force in defense of others, if others would be entitled to use self-defense
Defense of Property
REASONABLE FORCE ONLY
No deadly force
Parental Discipline
Parents may use reasonable force as necessary to discipline children
Privilege of Arrest: Private Citizen
Permitted to use reasonable force to make an arrest in the case of a felony if:
(1) FELONY has actually been committed; and
(2) Arresting party has REASONABLE GROUNDS to suspect person being arrested committed the felony
Privilege of Arrest: Police
Must reasonably believe that:
(1) A felony has been committed; and
(2) That the person arrested committed it
Privilege of Arrest: Misdemeanor
POLICE: Only if committed in officer’s presence
PRIVATE CITIZEN: Only if there is a breach of the peace
