Torts: Defenses

Front 1

Defenses

Back 1

Consent
Self-Defense
Defense of Other Persons
Defense of Land or Chattels
Necessity
Discipline
Merchant's Privilege

Front 2

Consent

* P must have capacity to understand consequences of consent. NO as to kids, mentally incompetent, drunkards.

- Defense to all torts
- Based on duress is invalid
- Consent based on P's mistake is invalid if D was aware of P's mistake

Back 2

- If express consent was based on a misrepresentation going to essence of touching, consent invalid. If based on a misrepresentation as to a collateral matter, consent is a valid defense.
- Implied (activities known to include physical contact; emergencies)
- Consent valid if D was reasonable in believing P consented, even if D was mistaken that P consented

Front 3

Self-Defense

D entitled to use reasonable force to prevent intentional tort that D reasonably believes is about to be committed against D.

Reasonable belief of D is valid even if D was wrong/mistaken for need to use self-defense.

Back 3

No duty to retreat. Modern trend requires retreat if self-defense force causes death or serious bodily harm, unless D is in own home.

Self-defense does not include retaliation.

If bystander injured during valid, reasonable self-d, self-d privilege transferred to bystander's case.

Front 4

Defense of Other Persons

Back 4

Reasonable force may be used to protect a third person.

Even if mistaken as to a right of self defense of third person, defense is valid and not liable for battery as long as the defender had reasonable belief that third person had right of self-defense.

Front 5

Defense of Lands or Chattels

Back 5

1) Reasonable, non-deadly forces may be used.

2) Reasonable, non-deadly force to regain possession of chattel is allowed if 1) original taking was illegal, 2) in fresh pursuit, and 3) request for return is useless or dangerous.

When chattel is located on land of wrongdoer, chattel's owner is privileged to enter wrongdoer's land and reclaim in reasonable manner.

Front 6

Necessity: defense to trespass to land, chattel, conversion.

Back 6

Public necessity: if D's act avoided greater injury to the public, no liability.

Private necessity: If D's acts avoided greater injury to a small number of persons, D is only liable for any actual damage caused.

Front 7

Discipline

Back 7

Persons in charge of children are permitted to use reasonable force to control a child

Front 8

Merchant's Privilege

Back 8

Defense to false imprisonment.

Shopowner is not liable if reasonable belief that person detained has shoplifted even if no shoplifting actually occurred.