Torts

Question 1

<p>Necessity Defenses</p>

Answer 1

<p>These only apply to property torts- they are (1) public necessity and (2) private necessity</p>

Question 2

<p>Public Necessity</p>

Answer 2

<p>D interfered with property in an emergency, but did so to protect the community as a whole or a significant group of people.

Typically this is a natural disaster- fire, flood, wild animals in the street, crazed gunman in clock tower
-The D in a public necessity case isn't liable, it is an ABSOLUTE defense</p>

Question 3

<p>Private Necessity</p>

Answer 3

<p>When D invades P's property in an emergency to protect his own interest

- This is a LIMITED defense
(1) Actor remains liable for any actual harm done to property (liable for compensatory damages)
(2) Actor has no liability for nominal or punitive damages
(3) Property owner (P) cannot throw D off his land, but needs to allow him to remain in a safe place</p>

Question 4

Assault

Answer 4

(1) D places P in reasonable apprehension

(2) that apprehension must be of an immediate battery

Question 5

Battery

Answer 5

(1) harmful or offensive contact

(2) contact must be with Plaintiff’s person