Privileges

Question 1

consent

Answer 1

plaintiff has consented to an intentional interference with person or property, then no liability

Question 2

express consent

Answer 2

expressly submitted to the action

Question 3

implied consent

Answer 3

P’s actions lead the defendant to reasonably believe that consent is conveyed

Question 4

customary consent

Answer 4

consent is valid defense when the plaintiff’s actions are a customary part of his behavior so long as they do not exceed that custom

Question 5

medical consent

Answer 5

outside emergency situations, a doctor requires the consent of his patient to perform any surgery

Question 6

what is the extension doctrine under medical consent

Answer 6

doctors may perform surgery absent consent if: (1) the patient is unable to give consent (2) there is a serious risk of bodily harm if surgery is delayed (3) a reasonable person would consent to surgery, and (4) this patient would consent to treatment under the circumstances

Question 7

are religious objections valid under consent?

Answer 7

yes, hospitals and doctors may not overrule a parent’s objections to surgery on religious grounds except in life-threatening situations

Question 8

what are the majority and minority view under the consent to illegal actions

Answer 8

majority view (a D cannot consent to an illegal action, and therefore consent is ineffective- some jurisdictions invalidate consent only in a breach of the peace) minority view (consent is effective even when the act is illegal)

Question 9

all jurisdictions

Answer 9

all courts agree that consent is effective for a class of persons protected by statute

Question 10

duress

Answer 10

consent is invalidated when done under duress of an immediate and serious threat

Question 11

what are the elements of self-defense

Answer 11

the defendant’s (1) reasonable belief that he must use (2) necessary force to protect himself from (3) the immediate harm of harmful or offensive bodily contact or form of any threatened confinement or imprisonment

Question 12

what are the elements of defense of others

Answer 12

the defendant may use (1) reasonable force to protect (2) a third person from (3) immediate (4) unlawful physical harm

Question 13

what are the elements of the defense of property

Answer 13

a defendant may use (1) reasonable force to prevent (2) an unmistaken tort against real or personal property

Question 14

what are the elements of recovery of property

Answer 14

a defendant is privileged to use (1) reasonable force when, (2) in fresh pursuit, he is recapturing (3) un-mistakenly and (4) wrongfully stolen property