Defenses to Interntional Torts

Question 1

Self-Defense

Answer 1

In Florida, a person is justified in the use or threatened use of force against another when and to the extent that he reasonably believes it is necessary to defend himself or a third party against the other’s imminent use of unlawful force

Question 2

Consent

Answer 2

defendant not liable if plaintiff consented to defendant’s act
- consent may be inferred as a matter of usage or custom or implied by law
- defendant may still be liable if he exceeds the scope of the consent implied by the occasion

Question 3

Self-Defense in a Public Place

Answer 3

person not engaged in an unlawful activity & is attacked in a place where she has a right to be, has no duty to retreat and has the right to use or threaten to use force (including deadly force) if she reasonably believes it is necessary to prevent death or great bodily harm to herself or another or to prevent the commission of a forcible felony