Torts - defenses to intentional torts w/ personal injury

Question 1

consent - types & limitations

Answer 1

1- express - invalidated by duress, fraud as to essential matter, mistake caused or knowingly utilized by D
2- implied by custom/usage, emergency situations, consensual combat/athletics
3- invalid due to non-capacity

Question 2

self-defense - types & limitations

Answer 2

1- reasonable force proportionate to anticipated harm - NOT invalidated by reasonable mistake
2- deadly force only if reasonable belief of serious bodily injury/death
3- initial aggressors generally not entitled to claim self-defense
4- not liable for injuries to bystanders so long as injuries were accidental and act was not negligent
5- no duty to retreat from any place where D is legally entitled to be is majority rule

Question 3

defense of others

Answer 3

1- reasonable belief that defended party was entitled to use force to defend self - reasonable mistake is OK
2- reasonable force proportionate to anticipated harm

Question 4

defense of property

Answer 4

1- reasonable force allowed if reasonable to prevent tortious harm to property
2- no deadly force allowed including deadly traps
3- reasonable force to prevent intrusion on one’s land is permissible unless visitor is acting under necessity, generally not permitted to repossess land/realty
4- reasonable force to reclaim personal property wrongfully taken is ok

Question 5

parental/educator discipline

Answer 5

1- reasonable force / confinement permissible considering age of child and gravity of behavior
2- educator has same privilege

Question 6

privilege of arrest

Answer 6

1- felony
- private - permissible if crime was actually committed and reasonable to suspect it was committed by person arrested - reasonable mistake as to identity is only defense
- police if reasonable to believe it was committed by suspect arrested - no tort liability for mistake
2- misdemeanor - only if committed in presence of arresting party; private arrest only permitted if breach of peace