Defenses of Intentional Torts

What are the three types of consent in legal terms?

Express consent, implied consent, and consent as a matter of law.

What constitutes express consent?

P affirmatively communicates permission for D to act.

How is implied consent determined?

A reasonable person would interpret P's conduct as showing permission to act.

What is consent as a matter of law?

P is unable to consent, emergency action is necessary to prevent serious harm, and a reasonable person would be expected to consent.

What are some defenses to consent?

Mistake, fraud, duress, incapacity, and deviation from consented treatment.

When can D use self-defense?

D may use reasonable force to prevent P from engaging in an imminent and unprivileged attack.

What are the limitations on using self-defense?

D cannot assert self-defense if P's threat is not imminent, has been averted, or if P's conduct is privileged.

What is the reasonable mistake doctrine in self-defense?

D is not liable if a reasonable person in D's position would have believed the defense of a third person justified.

What is the standard for necessity in property torts?

D can harm P's property if reasonably necessary to avoid greater harm to public, self, or D's property.

What must D do before using force to protect property?

D must demand P stop the threatening conduct unless it is futile or dangerous to make the demand.

What is the rule regarding the use of deadly force to protect property?

Deadly force is never permissible to protect property.

What are D's rights regarding recovery of personal property?

D may use reasonable force to recover property if tortiously dispossessed, but deadly force is not allowed.

What is required for D to recover property from a third party?

D must be in hot pursuit of the third party and must demand the return of the property before using force.

What happens if D mistakenly believes they were tortiously dispossessed?

D cannot claim a defense to recover property if the mistake is reasonable.

Under what conditions can D enter another's land to recover property?

D may enter P's or a guilty third party's land at a reasonable time and in a reasonable manner to recover property.