Torts: Defenses, Trespass to Chattel, and Defamation

O’Brien v Cunard

Vaccination case. Woman was vaccinated despite allegedly already receiving one as a requirement to leave the ship at port. The shipyard presented a consent defense, stating that because she held out her arm, was aware of the vaccination requirements, and did not protest at the time, the ship doctor cannot be held liable for battery.

Types of Consent

Actual: Explicit verbal permission

Implied: Defendant’s conduct was done without consent but with justification (dodgeball hypo)

Apparent: Defendant believes plaintiff consented given the circumstances (O’Brien)

Self defense factors

Varies by jurisdiction, but factors to consider are:

Immanence of the threat being responded to

Proportionality of the force used

(sometimes) Duty to retreat

McMurrey Corp v Yawn

Loeswitz shot a man on his property, believing the trespasser had a gun. He was mistaken. It is enough for the defendant to subjectively believe they are in danger, even if there so no danger in fact.

Defense of property elements

An actor is privileged to use reasonable force, not intended or likely to cause death or serious bodily harm, to prevent or terminate another’s intrusion upon the actor’s land or chattels, if

(a) the intrusion is not privileged or the other intentionally or negligently causes the actor to believe that it is not privileged, and

(b) the actor reasonably believes that the intrusion can be prevented only by the force used, and

(c) the actor has first requested the other to desist and the other has disregarded the request, or the actor reasonably believes that a request will be useless or that substantial harm will be done before it can be made.

Katko v Briney

Spring guns are not a valid form of defense of property, because they are operated remotely so the immanence requirement is not met.

Surocco v Geary

Public Necessity Defense. Man was justified in destroying a burning building to stop the spread of the fire. He’s not liable for the potential monetary losses, because 1) no idea what was even salvageable 2) bad policy, it’d make people hesitate to save the rest of the buildings if they were held liable

Vincent v Lake Erie Transportation

Man docked his boat at a private dock to save his ship from a sudden storm. He was not liable for trespass due to private necessity, but he did need to reimburse the dock owner for the damages incurred.

Mens Rea for Defamation

For private figures: Negligence

For public official or public figures: actual malice

•Knowledge of falsity, or

Reckless disregard of truth

Elements of Defamation

1) a false statement purporting to be fact;

2) publication or communication of that statement to a third person;

3) fault amounting to at least negligence;

4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.

Truth is a complete defense to defamation.

Elements of Trespass to Chattel

·Intent

·To use or intermeddle with the chattel of another or to dispossess the other of their chattel

·Without permission or justification, and which

·Causes harm to or destruction of the chattel or causes a substantial interference with the possessor’s use of the chattel