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5 Cards in this Set

  • Front
  • Back
Intentional Torts - Defenses
1. Consent

2. Self-defense, defense of 3rd persons, defense of property

3. Necessity
Consent Defense
Defense to ALL intentional torts.

Issues: 1. was consent valid?
2. did D stay within the bounds/scope of the consent?
If exceeded scope, then tort liability.
Types of Consent
1. Express

2. Implied
Express - exceptions
Fraud or duress to obtain the consent invalidates the consent; mistake of P known and taken advantage of also invalidates.
Implied
a. based on custom and usage;

b. D's reasonable interp of P's objective conduct