Defenses to Intentional Torts Flashcards
1
Q
Defenses
A
- Consent
- Self-defense, defense of others, defense of property
- Privileged arrest
2
Q
Consent
A
- Is there valid consent? (no mistake/fraud/duress, person capable of giving consent?)
- Did D stay within the bounds of the consent?
3
Q
Express Consent
A
Exceptions:
- Mistake invalidates consent if D knew of and took advantage of the mistake
- Consent was induced by fraud, and it goes to essential matter
- Consent obtained by duress invalid unless threat is of future action or future economic deprivation
4
Q
Implied Consent
A
Apparent consent - reasonable person would infer from custom and usage, P’s conduct
Consent implied by law - action necessary to save life, other important public interest
5
Q
Defense
A
- Is the privilege available (to prevent commission of a tort)?
- Is mistake permissible as to whether tort being defended against is actually being committed?
- Proper amount of force used?
6
Q
Defense of Property
A
- Can use reasonable force to prevent commission of crime against real or personal property
- Request to desist or leave must be made, unless futile or dangerous
- Includes hot pursuit
- Creates privilege to enter land of wrongdoer or innocent 3d party to recover property (in reasonable manner, at reasonable time, and with notice/demand for return)
7
Q
Privileged Arrest
A
- Privileged to enter land
- Can still be liable for subsequent misconduct
- Mistake - misdemeanor must be for breach of peace, occurs in front of D; felony allows for officers to make reasonable mistake, but citizens cannot make mistake regarding whether the felony occurred, only reasonable mistake in identity
8
Q
Necessity
A
Defense for property torts, allows interference when reasonable and apparently necessary to avoid injury and when that injury is substantially more serious than the invasion
2 types:
- Public - for public good
- Private - solely to benefit limited number of people, must pay for injuries caused
