Intentional Torts

Question 1

When is a defendant liable for trespass?

Answer 1

The defendant intentionally entered the plaintiff’s property and the plaintiff did not consent to the entry.

Question 2

Is a defendant’s mistaken belief that he/she had the right to enter the property relevant?

Answer 2

No because trespass only requires intent to enter the property in question.

Question 3

What are the requirements for a defendant’s use of a mechanical device to defend property?

Answer 3

A mechanical device is a privilege means of protecting property when it is (1) reasonably necessary to protect the property from intrusion (2) not unreasonably dangerous (3) customarily used for this purpose or reasonable care is taken to make its use known and (4) not intended or likely to cause death or serious bodily harm.

Question 4

When can deadly force be used in self-defense?

Answer 4

If the defendant reasonably believes that (1) a person is intentionally inflicting or about to inflict unprivileged force (2) such force puts the defendant in peril of death, seriously bodily harm or rape and (3) he/she can prevent the peril only by immediately using deadly force.