Torts 1: Defenses

Question 1

Consent

Answer 1

Actual, apparent, and implied by law (save a life)

Defense for: Assault, Battery, Conversion, False Imprisonment, Trespass to land and Chattel.

Question 2

Self Defense

Answer 2

Reasonable belief of imminent danger and reasonable force used to repel an attack.

Defense for: Assault and Battery

Question 3

Defense of Others

Answer 3

Reasonable force to protect any third person from harm.

Defense for: Assault and Battery

Question 4

Defense of Property

Answer 4

Non-deadly force allowed where the intrusion by the other party is not privileged, where force necessary to terminate the intrusion, and demand is made (unless pointless).

If life is in danger, deadly force is an exception.

Defense for: Assault and Battery,

Question 5

Discipline

Answer 5

Reasonable force by one in loco parentis with the plaintiff. ex: Teachers

Defense for: Assault and Battery

Question 6

Detention for Investigation

Answer 6

Shopkeeper privilege:
Reasonable grounds
A reasonable amount of time
Reasonable force
Reasonable investigation

Question 7

Legal Authority

Answer 7

Felony, Misdemeanor and force must be reasonable. Police officers and private citizens (Defining factors)

Defense for: False Imprisonment

Question 8

Re-entry of land wrongfully withheld

Answer 8

Majority: No privilege to use any force.
Minority: Allows reasonable force to regain possession.

D: Trespass to land and Chattel

Question 9

Necessity (Public)

Answer 9

Complete defense (no liability to damages) 
Ex: Fire, Flood, earthquake and landslide

D: Trespass to land and chattel

Question 10

Necessity (Private)

Answer 10

The entry or interference must be reasonable considering the harm that is intended to prevent.

A defendant is liable for damages to land or chattel.
(not a complete defense)

Question 11

Re-capture of Chattel wrongfully withheld

Answer 11

Reasonable force permitted to recapture as long as the defendant is entitled to chattel, a demand is made

One may enter another’s land to recapture chattel as long as demand is made, entry made is in a reasonable manner, reasonable force.

D: Trespass to land and chattel, and Conversion