Intentional Tort Defenses

Question 1

consent

Answer 1

express or implied through words or conduct
-cannot exceed the scope of consent
-P must have capacity to consent
-may be withdrawn at any time
-P cannot consent to a cirme

Question 2

Privilege Defenses

Question 3

Self Defense/Defense of Others

Answer 3

D is not liable for harm to Pif he
1) reasonably believed P was going to harm him or another AND
2) used reasonable force that was necessary to protect himself or another

Question 4

Defense of Property

Answer 4

may use reasonable force to defend property but CANNOT use deadly force

Question 5

Necessity

Answer 5

Dis not liable for harm to Ps property if Ds intrusion was (or reas appeared to be) necessary to prevent serious harm to a person or property

Question 6

Public necessity

Answer 6

(complete defense) when D acts for the public good

Question 7

private necessity

Answer 7

(incomplete defense) when D is protecting his own propert interests, D is liable for damaged unless the purpose was to help the P.

Question 8

Recapture of Chattels

Answer 8

an owner of wrongfdully taken chattels may take action and use reaosmable force to recover the chattels from wrongdoer

Question 9

when is force unreasonable for recapture of chattels

Answer 9

force is deemed unreasonable wuithout 1st making a demand to return the item UNLESS demand is dangerous or futile

Question 10

Shopkeeper’s Privilege

Answer 10

shopkeepers may
1) termporarily detain
2) a person reasonably suspected of theft
3) in or near their store
4) for the purpose of investrigation
when a request to remain has been made adn refused, reasonable non-deadly force may be used to detain