Defenses To Intentional Torts

Front 1

Affirmative Defenses

Back 1

defendant must affirmatively raise these defenses, usually by answer to a complaint and the proof must affirmatively convince the jury that the facts supporting the defense are established; the defendant has the burden of proving affirmative defense.

Front 2

Self Defense

Back 2

a) Reasonable force can be used where one reasonably believes that such force is necessary to protect oneself from immediate harm.
b) The reasonability test for self-defense is both subjective and objective; must believe that force is necessary to avoid an unlawful attack; the belief need not be correct.
c) The defendant who is attacked is not required to retreat or otherwise avoid the need for self-defense.
d) Force intended to inflict death or serious bodily injury is only justified if she believes she would suffer serious bodily injury or death from the attack.

Front 3

Third Person Defense

Back 3

a) May defend others on the same basis that he may defend him or herself; you stand in the shoes of the person you have attacked;
b) If you mistakenly attack the wrong person, the mistake destroys the privilege

Front 4

Citizen's Arrest is allowed when:

Back 4

a) When a felony is committed in their presence;
b) When a felony has occurred outside of their presence if there are reasonable grounds to believe that occurred; or
c) For a misdemeanor that occurs in their presence that amounts to a breach of the peace.
d) Majority rule is merchants detain at their own peril.

Front 5

Defense of Property

Back 5

never constitutes a privilege for inflicting serious bodily injury or death

Front 6

Consciousness

Back 6

if there is no consciousness there is no intent, therefore this is a defense for all intentional torts

Front 7

Consent

Back 7

a) express consent: expressions made by the individual imply consent by a community custom
b) implied consent: : when under the circumstances, the conduct of the individual reasonably conveys consent.

Front 8

Implied consent by law

Back 8

in emergency situations consent is implied

Front 9

Duress

Back 9

consent under physical threat is invalid; economic pressure does not negate consent

Front 10

Age incapacity/ Mental incapacity

Back 10

not capable of consent

Front 11

Illegal act

Back 11

there can be no consent

Front 12

Fraud

Back 12

consent procured by fraud is no consent at all

Front 13

Public Necessity

Back 13

-exists when the defendant appropriates or injures a private property interest to protect the community
-no compensation under the common law rule (is a complete defense)
-if there is a public necessity anyone can make the decision as what to do

Front 14

Private Necessity

Back 14

-exists when the individual appropriates or injures a private property interest to protect a private interest valued greater than the appropriated or injured property
-not liable for damages when no harm is done
-under no civil disability that attaches to trespassers
-the landowner may not push the privileged person off of their land; and
-damages must be paid by the person claiming the privilege
(incomplete defense)