Torts I Intentional Torts Defenses

Question 1

Consent

Answer 1

Consent may be express (communicated in words) or implied (by conduct).

Question 2

Self-defense

Answer 2

When under the threat of an imminent, unprivileged attack, or under reasonable apprehension of such an attack. The person may use reasonable force to prevent the threatened harm. This belief of imminent attack must be reasonable under the circumstances.

Question 3

Self-defense Reasonable Force in Response

Answer 3

May only the degree of force that is reasonably necessary to avoid the threatened harm. May only use deadly force when threatened with death or serious bodily injury.

Question 4

Self-defense Retreat

Answer 4

Majority rule: No duty to retreat before using force.

Minority rule: Must retreat if possible before using deadly force in self-defense; no retreat required in one’s home.

Question 5

Self-Defense Third-party Inadvertent Injury

Answer 5

One acting in self-defense is not liable under intentional torts for injuries inflicted inadvertently, but may be liable for neglience.

Question 6

Defense of Others

Answer 6

One may defend another from attack in the same manner and conditions that they would be entitled to self-defense.

Common law liability: No mistakes are allowed, if defendant mistakenly uses force when a third person is not entitled to self defense.

Majority rule: As long as it reasonably appeared to the defendant that the actions were necessary to prevent harm to another.

Question 7

Defense of Property

Answer 7

One may use reasonable force to prevent torts against their real and personal property. However, deadly force may never be utilized.

Question 8

Reasonable Force Defense of Property

Answer 8

Defendant must first demand plaintiff to stop prior to using force.

Question 9

Use of Force Dispossessed Land

Answer 9

Majority rule: Does not allow use of force to recover land that has been wrongfully dispossessed. Modern civil statutes allow prompt judicial remedies.

Question 10

Use of Force Dispossessed Property

Answer 10

After demanding it’s return, may use reasonable force to recover property, provided owner is in hot pursuit. Once possession is clearly lost, must resort to legal recovery.

Question 11

Trespass to Recovery Property

Answer 11

May include privilege to enter onto another’s land to recover property. May enter upon land for a reasonable time and in a reasonable manner.

Question 12

Authority

Answer 12

Police officers have authority to make arrests.

Question 13

Felony arrest authority

Answer 13

Police officers can arrest without warrants after felony, if reasonable cause to believe that suspect to be arrested committed the felony.

Private citizens may arrest without warrants when a felony was committed. If mistaken, liable for false imprisonment.

Question 14

Breach of the Peace authority

Answer 14

Both police officers and private citizens may arrest for breach of the peace (usually a misdemeanor involving violence), or reasonably appears about to be committed in their presence.

Question 15

Misdemeanor arrest authority

Answer 15

Majority rule: Both police officers and private citizens may not arrest without warrants for misdemeanors.

Minority rule: Police officers can arrest without warrants for misdemeanors when committed in the officer’s presence.

Question 16

Shopkeeper’s Privilege

Answer 16

Majority rule: Where a shopkeeper has a objectively reasonable suspicion that an individual has stolen goods, allow use of reasonable force to detain the person, for a reasonable period, and in a reasonable manner on the premises or immediate vicinity.

Question 17

Private Necessity

Answer 17

If an objectively reasonable person in the same circumstance would believe it necessary to protect himself or his property.

The threatened harm must be serious and imminent.

Relieved of lability for trespass to land or chattel, conversion - but must compensate for any damages.

Question 18

Public Necessity

Answer 18

Where the public good is involved, the threatened harm severe enough to amount to a disaster and the action is necessary to avoid harm to the public. Granted immunity from liability, and no compensation for damages.