Intentional Torts - Defenses

Question 1

Actual Consent

Answer 1

consent that is expressed by words, conduct or a universally accepted symbol of yes

Question 2

Implied Consent

Answer 2

any words or actions that would lead a reasonable person to believe that the defendant’s conduct is authorized

Question 3

Informed Consent

Answer 3

a patient must be informed of all risk and consent to all aspects of the procedure unless it is a medical emergency

Question 4

State Authorized Consent

Answer 4

state provides consent if there is reason to believe the person would consent if he or she was able to do so

Question 5

State Nullified Consent

Answer 5

state removes consent if person did not know the full risk, was forced to consent, or did know what they were consenting to

Question 6

Privilege Self Defense

Answer 6

the use of reasonable force to prevent imminent, harmful or offensive bodily contact or any confinement. The force must be proportional to that brought against the person.

Question 7

Privilege of Defense of a Third Person

Answer 7

the right to protect a third party from harm

Question 8

Privilege of Defense of Property

Answer 8

a person can use non-deadly force to protect his property, but he must ordinarily give warnings when any force is used, there must be reasonable belief the force is necessary, and the force itself must be reasonable

Question 9

Privilege of Defense of Property Elements

Answer 9

1. no deadly force
2. A warning must be given before force is used
3. there must be reasonable belief that force is necessary
4. Any force used must be reasonable

Question 10

Privilege of a Shopkeeper

Answer 10

shopkeepers have the privilege to detain customers for a reasonable period of time using reasonable measures if there is a reasonable cause

Question 11

Privilege to Recapture of Chattels

Answer 11

a person can resort to self-help if there is not enough time to resort to the law, so long as the chattel was wrongfully dispossessed and the owner attempts to recover it in a fresh pursuit

Question 12

Privilege to Recapture of Chattels Elements

Answer 12

1. It must be reasonable & cannot use excessive force
2. There was a wrongful disposition
3. Fresh pursuit

Question 13

Privilege for an Officer to Make Arrest w/ Warrant

Answer 13

an officer is privileged to arrest with a warrant if the warrant is valid on its face

Question 14

Privilege for an Officer to Make Arrest w/ Warrant Elements

Answer 14

1. warrant must be valid on its face
2. must use reasonable force

Question 15

Privilege for an Officer to Make Arrest w/o Warrant

Answer 15

an officer is privileged to arrest without a warrant if there is probable cause

Question 16

Privilege for an Officer to Make Arrest w/o Warrant Elements

Answer 16

1. Probable cause
2. Must use reasonable force

Question 17

Privilege for a Private Citizen to Make Arrest

Answer 17

a private citizen may arrest without a warrant if the person arrested was an actual felon

Question 18

Privilege to Arrest for a Breach of Peace

Answer 18

police officers & private citizens have a right to arrest without a warrant if a breach of the peace was committed in their presence

Question 19

Privilege to use Deadly Force

Answer 19

Defendant may use deadly force if they reasonably believe the plaintiff is about to inflict imminent harmful or offensive touching on him which could cause death or seriously bodily harm

Question 20

Justification

Answer 20

if the person’s actions were justified under the circumstances whether it was to prevent personal injuries or damaging property

Question 21

Privilege of a school teacher

Answer 21

A school teacher is privileged to use reasonable force to maintain discipline and promote children’s welfare

Question 22

Privilege of a Parent

Answer 22

parents are allowed to discipline their children but to a reasonable extent - cannot be abuse

Question 23

Public Necessity

Answer 23

a person is privileged to enter or destroy another’s property in order to protect public as a whole

Question 24

Private Necessity

Answer 24

a person may enter on another’s land to protect oneself or a private party from death or serious harm