Intentional Torts - Personal Injury - Defenses

Question 1

What are 6 defenses to intentional torts involving PI?

Answer 1

1. Consent
2. Self-defense
3. Defense of others
4. Defense of property
5. Parental discipline
6. Privilege of arrest

Question 2

Express consent - defintion

Answer 2

the P, by words or actions, manifests the willingness to submit to the defendant’s conduct

D’s conduct may not exceed the scope of the consent

Question 3

When is express consent invalidated?

Answer 3

By

1. duress
2. fraud as to the essential matter
3. mistakes caused or knowingly utilized by D

Question 4

Implied consent - definition

Answer 4

P is silent (or otherwise nonresponsive) where their silence and continued participation can reasonably be construed as consent

Question 5

Examples of implied consent situations

Answer 5

1. emergencies
2. injuries arising from athletic contest/combat
3. custom/usage

Question 6

Reasonable force definition

Answer 6

force proportionate to anticipated harm

Question 7

Does reasonable mistake invalidate the defense of reasonable force?

Answer 7

No

Question 8

Deadly force - when allowed?

Answer 8

Deadly force allowed only if there is a reasonable belief of serious bodily injury/death

Question 9

Is there a duty to retreat?

Answer 9

The majority rule is that there is no duty to retreat before using force, including deadly force, in defense

Question 10

Is the initial aggressor entitled to claim self-defense?

Answer 10

Generally, no

Question 11

Liability for injuries to bystanders when exercising self-defense

Answer 11

Generally not liable so long as injuries wee

1. accidental AND
2. actor was not negligent

Question 12

Defense of others - rule

Answer 12

may use reasonable force in defense of others, if the others would be entitled to use self-defense

Question 13

What is reasonable force?

Answer 13

force proportionate to anticipated harm

Question 14

Defense of property - rule

Answer 14

reasonable force allowed if reasonable to prevent tortious harm to property

Question 15

Defense of property - deadly force allowed?

Answer 15

No, deadly force is not allowed, no deadly traps

Question 16

Can you use reasonable force to prevent intrusion on your land?

Answer 16

Generally okay, UNLESS visitor acting under necessity

Question 17

Can you use reasonable force to regain possession of the land?

Answer 17

CL - reasonable force permitted

Modern - use of force no longer permitted, only legal process

Question 18

Can you use reasonable force to reclaim personal property wrongfully taken?

Answer 18

Reasonable force may be used to reclaim personal property ONLY IF you have first requested its return

UNLESS asking would be futile

Question 19

Parental discipline - rule

Answer 19

parents may use reasonable force as necessary to discipline children

**educators have the same privilege unless parents restrict it

Question 20

Privilege of arrest - felony

Answer 20

1. private - arrest okay if
   a. crime was actually committed AND
   b. reasonable to suspect the person arrested committed it
2. Police - arrest okay for felonies IF
   a. reasonable to believe it was committed AND
   b. to suspect the person arrested

Question 21

For private arrest, is there liability for mistake in crime or identity?

Answer 21

reasonable mistake only defense as to IDENTIFY of felon - crime has to have happened

Question 22

For police arrest, liability for mistake in crime or identity?

Answer 22

No tort liability for mistake as to the commission of a felony

Identity??????

Question 23

Privilege of arrest - misdemeanor

Answer 23

1. Private - only if there is a breach of the peace

2. Police - only if committed in presence of arresting party