Defenses To Intentional Torts

Front 1

Self defense

Back 1

(a) An actor is privileged to use that amount of bodily harm or confinement in self defense which" the actor correctly or reasonably believes to be necessary for his protection"
(b) General rule is that the defendant's privilege extends only so far as reasonably

Front 2

Defense of 3rd persons

Back 2

(a) As long as the defense, like self-defense, is correct or one reasonably beliefs the defense to be necessary for the protection of the third person

Use the same level of care in defense of others as though it is one's self

Front 3

Defense for arrest and detention by a private citizen

Back 3

Private person can arrest without warrant if
(i) Felony is being committed (reasonably suspected)
(ii) Misdemeanor being committed (must occur in presence)

Front 4

Property owner can arrest or detain against will if (2nd restatement)

Back 4

One who reasonably believes that another has tortuously taken a chattel upon his premises or has failed to make due cash payment for a chattel or services rendered there is privileged without arresting the other to detain him on the premise for time necessary for a reasonable investigation of the facts

Front 5

Defense and Repossession of Property

Back 5

(a) Possessor of land has not privilege to use force intended or likely to cause death or serious harm against another
(b) Can protect property from intruder
(c) Can protect yourself in your house if it is your last resort

Front 6

Elements of Consent

Back 6

Understanding of the consequences
An agreement to those consequences

Front 7

When a person is not deemed to be willing to consent

Back 7

Willingness is not established if there is an incapacity of the plaintiff to say no AND the defendant is aware of this capacity

Front 8

Types of Consent (2)

Back 8

(a) Limited consent, only consenting to certain things we are aware of; act must be within scope of consent given
(b) Implied consent, given to a doctor, based on idea of “sound professional judgment”

Front 9

When can a person revoke consent?

Back 9

Usually at any time so long as the ∆ has been given notice of revocation of consent

Front 10

Circumstances that Consent cannot be given

Back 10

Unequal power relationships (a psych therapist and patient)

When consent is procured by Fraud

When consent is given under duress

A person is a minor

The person is incapacitated

Front 11

Privileges not based on a plaintiff'

Back 11

Arrests and searches by police officers (an officer has the right to enter land and execute search warrants)

Public necessity (There is a reason to protect a large number of people entering another's land in order to avert an imminent disaster)

Private necessity (a partial defense.... there is a qualified privilege to protect a limited number of people. Entering another's land is a matter of private necessity and leaves the actor liable for trespass or damages incurred)