III. Defenses to Intentional Torts

Question 1

Defenses to Intentional Torts

Answer 1

1. Consent
2. Self Defense
3. Defense of Others
4. Defense of Property
5. Necessity
6. Discipline

Question 2

Capcity to Consent

Answer 2

Plaintiff must have the capacity to consent for it to be valid defense

Those who lack capacity:

• children
• those w/ mental impairments (temporary or permanent)
• those who are coerced
• OR victims of fraud or mistake

Question 3

Express or Implied Consent

Answer 3

• Express Consent to action
  
  • overcome usually where there is mistake fraud or coercion
• IMplied Consent: arises through custom and usage or thgouh plaintiff’s own condcut

Question 4

Self Defense: Generally

Answer 4

Justified in using reasonable force to prevent what she reasonable believes to be an imminent thrat of force against her

Question 5

Self Defense: Reasonable Belief

Answer 5

• reasonable person in D position would have beelived he was in danger (objective)

Question 6

Self Defense: Reasonable Force

Answer 6

• May only use the degree of force reasonably necessary to avoid the threatened harm
  
  • Deadly Force: use of deadly force is reasonble only when the defender reasonable belives that he faces threat of death or serious bodily harm himself
  • Reatreat: divided on whether retreat requierd
    
    • Generally retreat required if reasonable or you are not in your own home
    • Georgia: no duty to reatreat if serious person harm threatneed (includes to 3P)

Question 7

Defense of Others: Generally

Answer 7

May defend another person in the same manner and undre stame conditions as the person attacked would be entitled to defend himself

Question 8

Defense of Others: Mistaken Belief

Answer 8

defender not liabile if he reaonbly believved another person was endgaered

Question 9

Defense of Property: Generally

Answer 9

• May use reasonable force to defend his real or personal property
• Deadly force may never be used to protect proeperty alone

Question 10

Defense of Property: Hot Pursuit

Answer 10

No deadly force but a heightened degree of force

Question 11

Defense of Property: Shoplifter

Answer 11

may use reasonable force; not deadly

Question 12

Defense of Property: Georgia Distinction/STand your gorund

Answer 12

allwos the use of dadly force to rpotect home or personal proeprty (including busines or car) and all other property when necessary to prevent commission of a forcible felony

Question 13

Necessity

Answer 13

• Used only in conjunction with intentional torts to proeprty
• Public Necessity: unlimited privilige to protect a lot of people
  
  • mayor destroys series of houses in fires rather than having it come and burn rest of city
• PRivate necessity: qualitifed privilige to protect a limited number of people
  
  • land plane on corn field. Okay but still responsible for damages to property

Question 14

Discipline