Defense to Intentional Torts

Question 1

Consent

Answer 1

• Defense to all intentional torts
• Must have legal capacity
• Persons with limited capacity, such as older children and persons with mild intellectual disabilities, can consent, but only to things within the scope of their understanding.
• Exceeding scope results in liability

Express Consent: Words giving permission
* Exception for fraud/duress (doesn’t need to be express consent)

Implied Consent: Social, custom. and usage
* Body langauge consent

Question 2

Self Defense

Answer 2

When a person reasonably believes that they are being or are about to be attacked, they may use such force as is reasonably necessary to protect against injury.
* The majority rule is that there is no duty to retreat. T
* The modern trend imposes a duty to retreat before using deadly force if this can be done safely, unless the actor is in their home.
* A reasonable mistake does not defeat the privilege
* Self-defense is not available to the initial aggressor unless the other party responds to the aggressor’s nondeadly force by using deadly force.
* Self-defense may extend to third-party injuries (caused while the actor was defending themselves). An actor might be liable to a third person if they deliberately injured the third person in trying to protect themselves.

Question 3

Shopkeeper’s Privilege

Answer 3

A shopkeeper has a privilege to detain a suspected shoplifter for investigation. For the privilege to apply, the following conditions must be satisfied:
* There must be a reasonable belief as to the fact of theft
* The detention must be conducted in a reasonable manner and only nondeadly force can be used
* The detention must be **only for a reasonable period of time **and only for the purpose of making an investigation

Question 4

Necesssity (only for Property Torts)

Answer 4

Public Necessity: D acts in emergency to protect community
* Absolute defense

Private Necessity: D acts in emergency to protect own interest
* Limited or qualified defense
* Must pay compensatory damages
* Not liable for nominal/punitive damages
* Can remain as long as emergency continues