MBE: Defenses to intentional torts

Question 1

Consent

Answer 1

Legal capacity

Express or implied (apparent, common understanding, custom usage or D’s reasonable interpretation of P’s objective conduct; implied by law where necessary to save a life)

Question 2

Self-defense and defense of others

Answer 2

Invasion is imminent or in progress; reasonable mistake does not negate defense; may use only proportionate force.

Question 3

False arrests

Answer 3

Felony arrest w/out warrant: Police if reasonable grounds to believe felony was committed and arrested person committed it;

Private then felony was actually committed and private person had reasonable grounds to believe person committed it

Misdemeanors w/out warrant: police and private individual breach of the peace and committed in presence of arrester

Crime prevention w/out warrant: police and private, if felony or breach of the peace is in progress, or reasonably appears to be.

Deadly force only allowable if felony suspect poses serious harm.

Question 4

Defense of property

Answer 4

Must ask to desist; no deadly force

Question 5

Re-entry on land

Answer 5

Re-entry on land: if wrongdoer then reasonable time and manner; if innocent party then reasonable time and peaceful manner with notice; on land through owner’s fault, no privilege.

Question 6

Re-capture of chattel

Answer 6

Force only if in hot pursuit. May only recapture from tortfeasor or third party with knowledge of wrongful taking.

Question 7

Shopkeepers privilege

Answer 7

Shopkeeper may detain for reasonable time and manner if reasonably believes person committed theft in order to conduct investigation.

Question 8

Public necessity

Answer 8

Protect community as a whole, absolute defense for trespass and damages

Question 9

Private necessity

Answer 9

Protect own interest only if emergency is not of his own making, only defense for trespass, e.g. D still liable for actual harm.