Privileges Flashcards
Fraud as to a collateral matter ________ negate consent
does not; Because the nature of the touching does not change by the fraud.
As to the essential character of the act itself fraud negates _______
consent.
Is harm determined subjectively or objectively?
Subjectively
Are you liable for all the unintended consequences of an intentional tort?
Yes.
Does transferred intent work with intentional infliction of emotional distress?
No.
You are privileged to use reasonable force to defend yourself or a third person from a threatened battery
Self-defense
The defense should be proportional to the risk present from
Threats of future harm can be used for self-defense
False
Self Defense elements
1) Defendant must reasonably believe that force is necessary to protect against imminent or ongoing battery.
2) The amount of force used by the Defendant was reasonable under the circumstances. (Force has to be proportional.)
Deadly force can be used to defend property
false; One can only use deadly force when defending one’s property. when one expects, reasonably, that imminent bodily harm.
Once the battery ends, your claim of self-defense ends.
True. AKA no cheap shots once the imminent or ongoing battery has ended.