Intentional Torts Privileges/Defenses

Question 1

What are the privileges against intentional torts?

Answer 1

SCAD JNOP
self defense
consent
arrest
discipline

justification
necessity
defense of others
defense/recovery of property

Question 2

What is self defense (also defense of others)?

Answer 2

the privilege to use reasonable force under the circumstances if a person has reasonable belief of imminent threat to their life

Question 3

What is consent?

Answer 3

when plaintiff voluntarily and knowingly wills defendant’s conduct to occur

Question 4

When can medical providers act in the absence of consent?

Answer 4

(1) when plaintiff is unable to consent (unconscious, etc.)
(2) a reasonable person would consent under the circumstances
(3) physician has no reason to believe plaintiff would object
(4) the risk of serious bodily harm if delayed treatment is very high

Question 5

What is defense of property?

Answer 5

the privilege to use reasonable force under the circumstances to protect their property from unlawful intrusion or dispossession

Question 6

What is recovery of property?

Answer 6

the privilege to use reasonable force under the circumstances to recover a chattel that has been taken - pursuit must be fresh

Question 7

What is private necessity?

Answer 7

the privilege of defendant to do something necessary in the course of defending self, property, or others from serious imminent harm (that plaintiff has nothing to do with)

Question 8

What is public necessity?

Answer 8

if the danger affects so many people that the public interest is involved, the privilege is complete and tort liability is entirely excused

Question 9

What is authority of law?

Answer 9

someone acting under authority of law is privileged to commit acts that would otherwise be torts

scope of privilege varies depending on type of authority and circumstances

cannot use excessive force

Question 10

What is discipline?

Answer 10

people who have the control of others (children/dependents) have the privilege to use reasonable force/restraint

limited to their duty as a parent - good faith, proper purpose, without malice

Question 11

What is justification?

Answer 11

gap-filler

reasonable restraint or detention imposed to prevent someone in their custody from inflicting injuries or interfering with property

Question 12

What are factors to consider with discipline?

Answer 12

age
sex
condition of the child
influence of conduct on other children
whether it is reasonably necessary to compel obedience
whether force is disproportionate to defense, is unusually degrading, likely to cause serious or permanent harm