Defenses to Intentional Torts

1
Defenses to Intentional Torts

• Lecture Outline
• Anglo-American Common Law 2003
• Andrew Hammel

2
Nature of a Defense

• D must admit having committed tort
• D bears burden of proving applicability of
  defense

3
Standard Defenses to Intentional Torts Part 1

• Consent If the plaintiff has consented to an
  intentional interference with his person or
  property, the defendant will not be liable for
  that interference. Consent may be either express
  or implied by the plaintiffs conduct or
  behavior.
• Self-Defense One may use reasonable force to
  defend against any threatened harmful or
  offensive bodily contact. May use only that
  degree of force necessary to prevent the
  threatened harm.
• May only use deadly force (force which is likely
  to cause death or serious bodily injury) if a
  reasonable person in her situation would conclude
  that she faced immediate danger of death or
  serious bodily injury.
• Defense of others A person is allowed to use
  reasonable force to protect othersincluding
  strangersfrom attack. He may use as much force
  to protect the stranger as he would be allowed to
  use if he were being attacked himself.

4
Defenses to Intentional Torts Part 2

• Defense/Recapture of property A person may
  generally use reasonable force to defend
  property, both land and chattels (movable
  personal property such as cars, TVs, etc.)
• Necessity A plaintiff has a privilege to harm the
  property interests of another in order to prevent
  great harm to a third party.
• Arrest Both the police and a private citizen are
  allowed to make an arrest when the circumstances
  justify such action, but may use only the degree
  of force necessary to make the arrest, and may
  only detain the person long enough to satisfy the
  purpose of the initial arrest.
• Justification D may also generally plead a
  justification for his conduct, even if it does
  not fit precisely into one of the above
  cateogories.