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Torts - Mid-Term Law School Review > Defenses to Intentional Torts > Flashcards

Flashcards in Defenses to Intentional Torts Deck (39)
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1

List the Defenses to Intentional Torts

1. Consent
2. Self-Defense
3. Defense of Others
4. Defense of Property
5. Recovery of Property
6. Shopkeeper's Privilege
7. Necessity
8. Authority of Law - Privilege of Arrest (not tested)
9. Discipline (not tested)

2

What are the two types of Consent?
Defenses to Intentional Torts

Express consent (actual consent)
Implied consent (apparent consent)

3

What are the two types of Implied Consent?
Defenses to Intentional Torts

Implied-in-fact
Implied-in-law

4

What is the difference between implied-in-fact and implied-in-law consent?
Defenses to Intentional Torts

Implied-in-fact = a reasonable person would have inferred from custom and usage or from plaintiff's conduct.

Implied-in-law = generally just an action to save a plaintiff's life.

5

Explain when Implied-in-law consent would be a factor?
5 things:
Defenses to Intentional Torts

1. When the plaintiff is injured, unconscious or unable to grant consent, and
2. There is no close relative nearby to give consent, and
3. There is no reason plaintiff wouldn't give consent, and
4. A reasonable person would give consent, and
5. And when an immediate decision is necessary

6

Other than implied-in-law, must a plaintiff have the mental capacity to consent?
Defenses to Intentional Torts

Yes, the plaintiff must have the mental capacity to consent.

7

Other than implied-in-law, what groups are not capable of consent?
Defenses to Intentional Torts

Mentally incompetents
Intoxicated persons
Very young children

8

Can one consent by fraud or duress? What result? Defenses to Intentional Torts

No, one cannot consent by fraud or duress. Result is invalid consent.

9

Can one exceed the scope of consent?
Defenses to Intentional Torts

No, defendant will be liable if defendant goes beyond the act consented to or does something substantially different.

10

Can one consent to a serious crime?Defenses to Intentional Torts

No, a person cannot consent to a serious crime.

11

Define Self Defense
Defenses to Intentional Torts

When a defendant has a reasonable belief that a tort is about to happen to his person, he may use reasonable force to prevent such harm.

12

Within self-defense, is a reasonable mistake allowed?
Defenses to Intentional Torts

Yes, a reasonable mistake is allowed.

13

Within self-defense, must the defendant have a reasonable belief that self defense is apparently necessary?
Defenses to Intentional Torts

Yes, the defendant have a reasonable belief that self defense is apparently necessary.

14

Within self-defense, is retaliation allowed?
Defenses to Intentional Torts

No , retaliation is not allowed.

15

Within self-defense, is there a duty to retreat?
Defenses to Intentional Torts

No, the majority rule is that there is no duty to retreat.

16

Is the defense of self-defense available to the initial aggressor?
Defenses to Intentional Torts

No, the defense of self-defense is not available to the initial aggressor.

17

Within self-defense, what force is allowed?
Defenses to Intentional Torts

The force allowed is that which reasonably appears necessary to prevent harm, including deadly force.

18

Within self-defense, is there liability for accidental injuries to third parties?
Defenses to Intentional Torts

No, within self-defense, there is no liability for accidental injuries to third parties.

19

Define Defense of Others
Defenses to Intentional Torts

When the defendant has a reasonable belief that a tort is about to happen to an innocent third-party, he may use reasonable force to prevent such harm.

20

Within defense of others, must the defendant have a reasonable belief that defense of an innocent third party is apparently necessary?
Defenses to Intentional Torts

Yes, the defendant have a reasonable belief that the defense of the innocent third party is apparently necessary.

21

Within defense of others, is a reasonable mistake allowed?
Defenses to Intentional Torts

Yes, a reasonable mistake is allowed.

22

Within defense of others, what force is allowed?
Defenses to Intentional Torts

The force allowed is that which reasonably appears necessary to prevent harm if the injury was threatening defender.

23

Define Defense of Property
Defenses to Intentional Torts

When defendant has a reasonable belief that a tort is about to happen to his property, he may use reasonable force to prevent such harm.

24

Within defense of property, is deadly force ever allowed to protect property?
Defenses to Intentional Torts

No, deadly force is never allowed to protect property.

25

Within defense of property, must a request to desist precede any use of force?
Defenses to Intentional Torts

Yes, a request to desist must precede any use of force in defense of property.

26

Within recovery of property, must there be a timely demand for return of property?

Yes, there must be a timely demand for return of property before recovery of property.

27

Within recovery of property, whom can be recovered from?

Only the wrongdoer.

28

Within recovery of property, can one use reasonable force to recover property?

Reasonable force, not including force sufficient to cause death or serious injury, may be used to recapture chattels.

29

Within recover of property, is deadly force - or force sufficient to cause serious bodily injury - ever allowed to recover property?
Defenses to Intentional Torts

No, force that is sufficient to cause death or serious injury is never allowed to recapture chattels.

30

When do shopkeeper's have a "privilege"?
Defenses to Intentional Torts

1. They reasonably believe a theft has incurred;
2. They reasonably believe the person detained committed the theft.