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5 Cards in this Set
- Front
- Back
Intentional Torts - Defenses
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1. Consent
2. Self-defense, defense of 3rd persons, defense of property 3. Necessity |
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Consent Defense
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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. |
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Types of Consent
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1. Express
2. Implied |
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Express - exceptions
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Fraud or duress to obtain the consent invalidates the consent; mistake of P known and taken advantage of also invalidates.
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Implied
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a. based on custom and usage;
b. D's reasonable interp of P's objective conduct |