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5 Cards in this Set
- Front
- Back
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CONSENT |
Under common law, consent if the plaintiff's express or implied willingness to subject himself to the defendant's conduct. If the plaintiff consents, what would otherwise be tortious is privileged. Express consent ( doesnt work with fraud or duress) Implied consent Need capacity(young children, intoxicated persons or incompetents doesnt work if no guardian/parent) |
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SELF DEFENSE |
Under common law, a person may use force that is reasonably necessary to protect against injury when he reasonably believes he is facing an immediate threat of force 1)Avaibility : an immediate threat 2)Appropriate amount of force: if more than necessary, lose self defense 3)Deadly force never except if he reasonably believes imminent death or serious injury. Reasonably mistake is allowed. 4)retreat : not necessary . In NY, mandatory attempt escapefor deadly force except : cannot do safeyly, home, police, agent assisting police |
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DEFENSE OF OTHERS |
Under common law, a person may use force that is reasonably necessary to protect a third party agains injury when he reasonably believes the third party could have used the same force to protect himself -A person may defend a third party when he reasonably believes that third party would have had a right to self defense -Appropriate amount of force : same thing, step into the shoes of the person being attacked -Mistake : allowed if reasonable |
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DEFENSE OF PROPERTY AND CHATTELS |
Under common law, a person may use force that is reasonably necessary to protect against the commission of a tort Availability of defense of property : the owner must make a demand for the other party to desist and leave EXCEPT if futile or dangerous. Defense force can only be used at the time of tortious act or while in hot pursuit -Appropriate amount of force and no mistake except storeowner's privilege |
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NECESSITY |
Under common law, a person is justified in interfering real or personal property of another when it is reasonably and apparently necessary to avoid threatened of imminent injury and the potential for injury fat outweights the harmful intrusion of another's property interest Only applicable as a defense for intentional torts against property Public necessity : absolute when the act is for the benefit of the public good ORPrivate necessity : Requires that the actor pay for any damage he causes to the property. |
