Privileges To Intentional Torts

Front 1

Consent

Back 1

Can be expressed, but is most often Implied

Rule 1 - Consent obtained by fraud to the essential character of the matter is not valid consent unless the fraud is a collateral matter.

Collateral Matter - Sex for counterfeit Bill

Essential Character - Sex but doesn't disclose STD

Rule 2 - Implied Consent depends on each case' facts; whether a reasonable person believes that a member of society indicates consent to behavior through silence or body language. (e.g. when playing tag, you are implying consent to be tagged)

Note 1 - Consent is ineffective if “ is incapable of expressing rational will.

Note 2 - Split authority among jrx as to whether consent to an illegal act is valid.

Note 3 - Consent in case of an operation can be implied ONLY if there is an emergency which would endanger the life or health of patient.

4 Req. for Medical Provider to justify operating w/o consent:

1. Patient is unable to give consent (unconscious, intoxicated, mentally ill, incompetent); AND

2. There is a risk of serious bodily harm if treatment is delayed; AND

3. A reasonable person would consent to treatment under the circumstances; AND

4. The physician has no reason to believe the patient would refuse treatment under the circumstances.

Front 2

Self Defense and Defense of Others

Back 2

Elements:

1. ∆ reasonably believes that force is necessary to prevent imminent battery or stop ongoing battery to self or other'

2. ∆'s amount of force is reasonably necessary to protect against threatened battery.

Note 1 - Generally, Deadly Force or force that causes serious bodily harm cannot be used to defend property (Defense of Property)

Note 2 - In minority of jurisdictions, you CAN use deadly force if you can say that π consented. E.g. You gave π clear warning of the danger of deadly or serious bodily harm force, and they came anyway.

Front 3

Public Necessity

Back 3

Public Necessity -

Elements -

1. Public rather than private interests were at stake

2. ∆ was reasonable in believing action was needed

3. ∆'s action was a reasonable response to that need

Note 1 - If property is destroyed by act of public necessity there is no right to recovery, it is a complete defense

Private Necessity -

Exists when:

1. ∆ is threatened or appears to be threatened

2. ∆'s response is reasonable in light of the threat

Note 1 - ∆ must compensate π for any harm done to π's property.