Torts 13-17 Flashcards
Intentional Tort Defenses
What is the defense of Privilege to Arrest?
A defense to false imprisonment.
Likely to occur if the crime is serious and the defendant directly observed the crime when making the arrest.
*To make a citizen’s arrest, the detainee must have committed an act that breached the peace in front of the arresting citizen.
Priority: Low
Intentional Tort Defenses
What is the defense of Self-defense?
Where a defendant is NOT liable if he:
Reasonably believed that the plaintiff was going to harm another; AND
Used reasonable necessary force to protect himself or another.
Priority: Low
Intentional Tort Defenses
What is the Shopkeepers Privilege to Detain for Investigation?
Shopkeepers have the privilege to:
Temporarily detain,
A person reasonably suspected of theft,
In or near their store,
For the purpose of an investigation.
Priority: Low
Intentional Tort Defenses
What is the defense of Necessity?
Where a defendant is NOT liable for harm to a plaintiff’s real property if his acts were:
Necessary,
To prevent serious harm to a person or property.
*Defense is ONLY applicable to intentional torts against property.
Priority: Low
Intentional Tort Defenses
What are the different Privilege defenses?
Privilege includes:
Necessity (acts were necessary to prevent serious harm).
Self-defense/defense of others.
Defense of property.
Recapture of chattels.
Detention for investigation.
Privilege to discipline children.
Privilege to arrest.
Priority: N/A
