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Flashcards in Defenses to Intentional Torts Deck (36)
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1

First issue with consent is always. . .

Legal capacity.

2

True or False? Legal capacity is always needed to give consent.

Yes

3

The majority view is that one can/cannot consent to a criminal act.

Cannot

4

Two types of consent?

Express

Implied

5

Express consent is . . .

An express declaration of consent to something that would otherwise be a tort.

6

"Come on in" is an example of . . .

Express consent.

7

Express consent is negated if it is obtained through . . .

Fraud or duress.

8

Implied consent arises in one of two ways:

Usage (custom consent)

Defendant's Reasonable Interpretation of Plaintiff's Objective Conduct and Surrounding Circumstances (body language consent)

9

Most common example of implied consent by custom?

Playing sports

10

Defendant's Reasonable Interpretation of Plaintiff's Objective Conduct and Surrounding Circumstances (body language consent) allows us to rely on . . .

Social cues

11

All consent has a scope. If D exceeds the consent of scope given, he . . .

Is back to committing a tort.

12

Implied consent by law arises when . . .

Action is necessary to save a person's life or some other important interest in person or property.

13

What are the three Protective privileges?

Self Defense

Defense of others

Defense of property

14

You may respond to a threat only when the threat is . . .

Imminent OR in progress.

15

You may not use protective privileges once . . .

The threat is over.

16

In order to invoke a protective privilege, you need a reasonable belief . . .

That the threat is legitimate

17

You do/don't lose a protective privilege if you make a reasonable mistake.

Don't

18

When using a protective privilege, the response must be this and no more.

Necessary under the circumstance.

19

When using a protective privilege, you must use _____ force.

Proportional.

20

Since protective privilege is a rule of symmetry, if someone attempts to use deadly force on you, you may do so in return. T or F?

True

21

You can/cannot use deadly force to protect property.

Cannot

22

Necessity Defenses: Name the two.

Public Necessity Defense

Private Necessity Defense

23

Necessity Defenses relate only to what sort of torts?

Property

24

When does a "public necessity" defense arise?

When D invades P's property in an emergency to protect the community as a whole or a significant group of people.

25

In a "public necessity" problem, there will be some sort of serious emergency. The good samaritan is/isn't on the hook for damages.

Isn't

26

Public Necessity Defense is a complete or partial defense to property torts?

Complete

27

When does a private necessity defense arise

D invades P's property to protect an interest of his own.

28

Private Necessity Defense is a complete or partial defense to property torts?

Partial.

29

Two legal consequences of Private Necessity Defense?

D remains liable for actual property damage (but not nominal or punitive damages)

As long as the emergency continues, the plaintiff cannot throw the defendant off the land.

30

When successfully pleading a Private Necessity Defense, the D D remains liable for ____________, but not for ____ or _____ damages)

Actual property damage

Not nominal or punitive