Defenses to intentional torts

Question 1

What are the defenses to intentional torts

Answer 1

1. Consent
2. Self defense
3. Defense of others
4. Defense of property
5. Parental discipline
6. Privilege of arrest

Question 2

Actual consent

Answer 2

The plaintiff, by words or actions, manifests the willingness to submit to the defendants conduct

Question 3

Consent by mistake and consent by fraud

Answer 3

-Mistake: valid defense unless the D caused the mistake or knew of it and took advantage

-Fraud: invalid if it goes to an essential matter

Question 4

Presumed consent (implied)

Answer 4

The plaintiff is silent but in context, their silence and continued participation can reasonably be construed as consent

Question 5

Examples of presumed consent

Answer 5

• Emergencies
• Injuries arising from athletic contests (if it was in the scope of the sport)
• mutual consent to combat

Question 6

Self defense

Answer 6

must use reasonable force (force that is proportionate to defend against an offensive contact or bodily harm)

Question 7

Duty to retreat

Answer 7

used to be a thing in courts; now courts just say you can use reasonable force

Question 8

Self defense: injuries to bystanders

Answer 8

a person acting in self defense is not liable for injury to bystanders as long as the injury was accidental and the actor was not negligent

Question 9

Defense of others

Answer 9

may use reasonable force in defense of others, if that person would be entitled to use self defense

Question 10

Defense of property

Answer 10

Reasonable force: may be used if the person reasonably believes it is necessary to prevent tortious harm to the property

• Deadly force cannot be used

Question 11

Recapture of Chattels

Answer 11

Reasonable force may be used to reclaim personal property

Question 12

Force to regain possession of land

Answer 12

Common law: reasonable force permitted

Modern rule: use of force no longer permitted; only legal process

Question 13

Parental discipline

Answer 13

parents may use reasonable force as necessary to discipline children

Question 14

Privilege of arrest: private citizen

Answer 14

Permitted to use reasonable force to make an arrest in the case of a felony if:

• the felony has actually been committed; and
• the arresting party has reasonable cause to suspect that the person being arrested has committed the felony

Question 15

Privilege of arrest: Police

Answer 15

• must reasonably believe that a felony has been committed and that the person arrested committed it