Defenses/Doctrines Related To Intentional Torts

Question 1

Intent requirement

Answer 1

Had a:
Conscious desire to produce result OR
Knowledge that result would occur OR

Knowledge that result was substantially certain to occur

Question 2

Trespass Ab Initio

Answer 2

An entry on land begun innocently , or with a privilege is deemed a trespass from the beginning because of conduct that abuses privilege

Question 3

Substantial certainty
doctrine 

Answer 3

Defendant acts and D knows act is substantially certain to produce result.

Question 4

Transferred Intent Doctrine

Answer 4

defendant intends to commit tort against one person, unintentionally harms a third person, or commits a different tort.
Def’s wrongful intent is transferred to include the new tortious act or victim

Question 5

Defense of Consent

Answer 5

Defendant is not liable if D has plaintiff’s informed, voluntary, express or implied ascent. plaintiff had legal capacity

Question 6

Defense of Self-Defense

Answer 6

Defendant had reasonable belief of imminent danger, and applied degree of force necessary
MAJ - can use deadly force
MIN - D must retreat, unless in home

Question 7

Defense of
Defense of Others

Answer 7

D reasonably believes another to be threatened with immediate bodily harm

degree of force necessary to protect personal safety of others

Question 8

Step in Shoes Jurisdiction

Answer 8

Def use defense of others, unless the person being defended was not the aggressor, and has the right to use self-defense 

Question 9

Reasonable Appearances Jurisdiction

Answer 9

Defendant claims defense of others

acted in good faith

objectively reasonable ignorance of the fact that person being defended was aggressor