Intentional Tort Privileges Rest. 2nd

Question 1

Effect of consent

Answer 1

one who effectively consents to conduct of another intended to invade his interests cannot recover in an action of tort for the conduct or for harm resulting from it

Question 2

meaning of consent

Answer 2

1) consent is willingness in fact for conduct to occur, It may be manifested by action or inaction and need not be communicated to the actor
2) if words or conduct are reasonably understood by another to be intended as consent, they constitute apparent consent and are as effect as consent in fact

Question 3

Consent under mistake, misrepresentation or duress

Answer 3

1) except as state in subsection (2), consent to conduct of another is effective for all consequences of the conduct and for the invasion of any interest resulting from it
2) if the person consenting to the conduct of another is induced to consent by a substantial mistake concerning the nature of the invasion of his interest or the extent of the harm to be expected from it and he mistake is known to the other or is induced by the other’s misrepresentation, the consent is not effective for the unexpected invasion or harm
3) consent is not effective if it is given under duress

Question 4

consent to crime

Answer 4

1) except as stated in subsection (2) consent is effective to bar recovery in a tort action although the conduct consented to is a crime
2) if conduct is made criminal in order to protect a certain class of person irrespective to their consent, the consent of members of that class to the conduct is not effective to bar a tort action

Question 5

self0defense by force not threatening death or serious bodily harm

Answer 5

1)an actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to defend himself against unprivileged harmful or offensive contact ot other boldily harm which he reasonably believes that another is about to inflict intentionally upon him
2) self-defense is privileged under the conditions of (1), although the actor correctly or reasonably believes that he can avoid the necessity of so defending himself,
a) by retreating or otherwise giving up a right or privilege, or
b) by complying with a command with which the actor is under no duty to comply or which the other is not privileged to enforce by the means threatened

Question 6

self-defense by force threatening death or serious bodily harm

Answer 6

1) subject to(3), an actor is privileged to defend himself against another by force intended or likely to cause death or serious bodily harm, when he reasonably believes that
(a) the other is about to inflict upon him an intentional contact or other bodily harm, and that
(b) he is thereby put in peril of death or serious bodily harm or ravishment, which can safely be prevented only by the immediate use of such force
2(the castle doctrine)
3) the privilege does not exist if the actor correctly or reasonably belies that he can with complete safety avoid the necessity of so defending himself by
(a) retreating if attacked in any place other than his dwelling place, or in a place which is also the dwelling of the other, or
(b) relinquishing the exercise of any right or privilege other than his privilege to prevent intrusion upon or dispossession of his dwelling place or to effect a lawful arrest

Question 7

castle doctrine (self-defense by force threatening death or serious bodily harm)

Answer 7

2) the privilege stated in (1) exists although the actor correctly or reasonably believes that he can safely avoid the necessity of so defending himself by
a) retreating if he is attacked within his dwelling place, which is not also the dwelling place of the other, or
b) permitting the other to intrude upon or dispossess him of his dwelling place, or
c) abandoning an attempt to effect a lawful arrest

Question 8

Defense of third person

Answer 8

the actor is privileged to defend a third person from a harmful or offensive contact or other invasion if his interests of personality under the same conditions and by the same means as those under by which he is privileged to defend himself if the actor correctly or reasonably believes that
a) the circumstances are such as to give the third person a privilege of self-defense, and
b) his intervention is necessary for the protection of the third person

Question 9

(defense of property)
defense of possession by force threatening death or serious bodily harm

Answer 9

the intentional infliction upon another of a harmful or offensive contact or other bodily harm by a means which is intended or likely to cause death or serious bodily harm, for the purpose of preventing or terminating the other’s intrusion upon the actor’s possession of land, or chattels, is privileged, if but only if, the actor reasonably belies that the intruder, unless expelled or excluded, is likely to cause death or serious bodily harm to the actor or a third person whom the actor is privileged to protect

Question 10

defense of possession by force NOT threatening death or serious bodily harm

Answer 10

an actor is privileged to sue reasonable force, not intended or likely to cause death or serious bodily harm, to prevent or terminate another’s intrusion upon the actor’s land or chattels, if
a) the intrusion is not privileged or the other intentionally or negligently causes the actor to believe that it is not privileged, an
b) the actor reasonably believes that the intrusion can be prevented or terminated only by the force used, and
c) the actor has first requested the other to desist and the other has disregarded the request, or the actor reasonably believes that a request will be useless or that substantial harm will be done before it can be made

Question 11

Effect of excessive force

Answer 11

if the actor applies a force to or imposes confinement upon another which is privileged,
a) the actor is liable for so much of the force or confinement as is excessive;
b) the other’s liability for any intrusion upon the actor’s land or chattels which the other may have made is not affected;
c) the other has the privilege to defend himself against the actor’s use or attempted use of excessive force or confinement

Question 12

use of mechanical device not threatening deahth or seriousl bodily harm

Answer 12

the actor is so far privileged to employ, for the purpose of protecting his possession of land or chattels from intrusion, a device not intended or likely to cause death or seriously bodily harm to a deliberate intruder, if
a) the use of such a device is reasonably necessary to protect the land or chattels from intrusion, and
b) the use of the particular device is reasonable under the circumstances, and
c) the device is one customarily used for such a purpose, a reasonable care is taken to make its use known to probable intruders

Question 13

(public necessity)
privilege created by public necessity (chattels)

Answer 13

one is privileged to commit an act which would otherwise be a trespass to a chattel or a conversion if the act is or reasonably believed to be necessary for the purpose of avoiding a public disaster

Question 14

pubic necessity (land)

Answer 14

one is privileged to enter land in the possession of another if it is, or if the actor reasonably believes it to be, necessary for the purpose of averting an imminent public disaster

Question 15

privilege created by private necessity (chattels)

Answer 15

1. one is privileged to commit an act which would otherwise be a trespass to the chattel of another or a conversion of it, if it is or is reasonably believed to be a reasonable and necessary to protect the person or property of the actor, the other or a third person from serious harm, unless the actor knows that the person for whose benefit he acts is unwilling that he shall do so
2. where the act is for the benefit of the actor or a third person, he is subject to liability for any harm caused by the exercise of the privilege

Question 16

private necessity (land)

Answer 16

1) one is privileged to enter or remain on land in the possession of another if it is or reasonably appears to be necessary to prevent serious harm to
(a) the actor, or his land or chattels, or
(b) the other or a third person, or the land or chattels of either, unless the actor knows or has reason to know that the one for whose benefit he enters in unwilling that he shall take such action

2. where the entry is for the benefit of the actor or a third person, he is subject to liability for any harm done in the exercise of the privilege stated in subsection (1) to any legally protected interest of the possessor in the land or connected with it, except where the threat of harm to avert which the entry is made is caused by the tortious conduct or contributory negligence of the possessor

Question 17

(additional privileges)
the privilege of discipline

Answer 17

1. a parent is privileged to apply such reasonable force or to impose such reasonable confinement upon his
   child as he reasonably believes to be necessary for its proper control, training or education
2. One other than a parent who has been given by law or has voluntarily assumed in whole or in part the
   function of controlling, training, or educating a child, is privileged to apply such reasonable force or to
   impose such reasonable confinement as he reasonably believes to be necessary for its proper control, training,
   or education except in so far as the parent has restricted the privilege of one to whom he has entrusted
   the child.

Question 17

(additional privileges)
use of navigable stream

Answer 17

A person is privileged to navigate in a reasonable manner navigable waters situated on land in the
possession of another

Question 18

(additional privileges)
entry to build or repair party wall or division fence

Answer 18

A duty or privilege to build or repair a party wall or division fence between land in the possession of the
actor and land in the possession of another, confers on the actor a privilege to enter the other’s land, at
reasonable times and in a reasonable manner, in order to build or repair such party wall or division fence.

Question 19

(additional privileges)
cultivation and removal of crops planted by former tenant

Answer 19

A tenant of land or his successor in legal interest who is entitled after the expiration of the tenancy to a
crop planted by the tenant during his tenancy is privileged, at reasonable times and in a reasonable
manner, to be on the land after the tenancy has terminated for the purpose of cultivating, harvesting, or
removing such crop.