Defenses To Intentional Torts

Front 1

Consent

Back 1

negates claim of any tort that P may bring; consent is to conduct, not result; consent is determined by verbal manifestation of feelings and over acts

Front 2

Emergency Doctrine/ Implied Consent

Back 2

Physician can act on implied consent if
(1) patient unable to give consent
(2) Risk of serious bodily harm if treatment delayed
(3) Reasonable person would consent
(4) this patient would consent
(5) no time to get consent

Front 3

Self-Defense

Back 3

Anyone is privileged to use reasonble forced to defend himself against an imminent harmful/offensive bodily contact or confinement when D reasonably believes that the force is necessary; D does not have to retreat; initial agressor cannot use as defense; mistake as to extent of force necessary is excuse, mistake as to privilege is also excuse

Front 4

Defense of Others

Back 4

privileged to use force reasonably necessary in order to defend another person against attack; mistake as to existence of privilege is excuse according to new view

Front 5

Defense of Property

Back 5

privileged to defend property as long as one limits it to force reasonably necessary to the situation as it appears to the D; cannot use deadly force to defend property, cannot do w/ mechanical device what you could not do in person; warning required

Front 6

Recovery of Property

Back 6

When in fresh pursuit limited to prompt discovery of dispossession, owner can fight himself back into possession; limited to force reasonable under circumstances

Front 7

Merchant's Privilege

Back 7

merchant is privileged to retain for reasonable investigation/recovering property any person whom he reasonably believes to have taken a chattel unlawfully; cannot use bodily harm unless necessary to defend person

Front 8

Necessity

Back 8

privilege to harm property interests exists if it is necessary to avoid disaster

Front 9

Public necessity

Back 9

one is privileged to act to avert imminent public disaster, don't have to pay for damages

Front 10

Private necessity

Back 10

Privileged to act to avert imminent private disaster, but requries reasonable behavior and must pay for damage

Front 11

Authority of Law

Back 11

If D is duly commanded or authorized by law to do what he does, he is not liable

Front 12

Discipline

Back 12

Parents authorized to use reasonable force/restraint on child

Front 13

Justification

Back 13

Privileged if justified; general test of reasonableness