Defenses to Intentional Torts

Torts

For what types of acts is consent usually implied?

• Often arises if P participates in an activity or goes to a place where minor torts are common

  • EG if P plays tackle football, P has given implied consent to certain forms of batter

• Consent is usually implied for ordinary contacts of daily life (EG brushing against someone on crowded sidewalk or public transportation

What standard is used in determining whether P impliedly gave consent to D for purposes of a defense to intentional torts?

Facts must indicate that based on P’s objective conduct, D was reasonable in interpreting P’s consent

In what ways can a P manifest implied consent?

Implied consent: D can reasonably infer P’s consent based on custom or P’s observable conduct

-Facts must indicate that based on P’s objective conduct, D was reasonable in interpreting P’s consent

To what intentional torts is consent not a valid defense?

A defense to all intentional torts: If P consents to D’s otherwise tortious conduct, D is not liable for that act

In what situation might consent willingly and validly given be otherwise insufficient as a defense to an intentional act?

Capacity required: P must be capable of consenting

-IE drunks, mentally impaired and young children are incapable of consenting to tortious conduct

If a person is tricked into giving consent, is the consent valid as a defense to an intentional tort?

Express Consent: P gives D verbal or written consent

-Nullified by duress, fraud or mistake`

What are the two primary ways P can manifest consent to an intentional tort? How are they different?

Express consent: P gives D verbal or written consent

Implied consent: D can reasonably infer P’s consent based on custom or P’s observable conductH

How and when may consent by a defense to an intentional tort?

A defense to all intentional torts: If P consents to D’s otherwise tortious conduct, D is not liable for that act

To what extent is reasonable mistake allowed as a defense for a landowner who has engaged in an improper defense of his property?

Defense of property: available to prevent tort against property

-Reasonable mistake only allowed as to whether an intrusion occurred, not whether privilige existed

Is defense of property available as a defense to a person who enters land to recapture chattel?

Defense of property

-Unavailable if initial actor had a privilege to enter land (EG recapturing chattel)

May one ever use force in defending property? If so, what force may and may not be used?

Defense of Property: Available to prevent tort against property

-Reasonable force may be used, but force that is deadly or causes serious bodily harm is not allowed for defense of property alone

When may one use reasonable force in defending another person?

Defense of Others: D must reasonably believe that the person he is aiding would have the right of self-defense

-D may use as much force as he could have used if the injury was threatened to him (IE if he was acting in self-defnese)

When is self-defense available to the initial aggressor?

Self-Defense

-Only available to initial aggressor if initial threat has terminated or D responds to non-deadly force with deadly force

When and how may defense of property be available as a defense to an intentional tort?

Defense of property: Available to prevent tort against property

-Unavailable if initial actor had a privilege to enter land (EG recapturing chattel)

When is deadly force permitted?

Deadly force: allowed if D reasonably believes a life is in danger (never permitted to protect property alone)

What elements are