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Questions and Answers
What does the principle 'volente non fit injuria' imply regarding consent?
What does the principle 'volente non fit injuria' imply regarding consent?
Which of the following best describes express consent?
Which of the following best describes express consent?
Under which condition can implied consent be assumed in a medical emergency?
Under which condition can implied consent be assumed in a medical emergency?
What invalidates consent given by an individual?
What invalidates consent given by an individual?
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Which of the following is NOT a condition for medical providers to act without consent?
Which of the following is NOT a condition for medical providers to act without consent?
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What is implied consent by law typically associated with?
What is implied consent by law typically associated with?
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In the context of consent, what does duress refer to?
In the context of consent, what does duress refer to?
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Which statement is accurate regarding a competent adult's right to consent?
Which statement is accurate regarding a competent adult's right to consent?
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What is the primary condition under which a person can commit conversion or trespass to chattels?
What is the primary condition under which a person can commit conversion or trespass to chattels?
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Under private necessity, what obligation does an actor have if damages are caused while acting for their own benefit?
Under private necessity, what obligation does an actor have if damages are caused while acting for their own benefit?
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When can an officer or citizen arrest someone without a warrant for a misdemeanor?
When can an officer or citizen arrest someone without a warrant for a misdemeanor?
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What conditions must be met for an arrest to be privileged under common law?
What conditions must be met for an arrest to be privileged under common law?
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What is a legal parent or guardian's right when using reasonable force or restraint?
What is a legal parent or guardian's right when using reasonable force or restraint?
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What must be proven for a defense of justification in an intentional tort case?
What must be proven for a defense of justification in an intentional tort case?
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In the context of public necessity, what is the liability status of those whose property is destroyed?
In the context of public necessity, what is the liability status of those whose property is destroyed?
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What is the legal consequence if someone's entry onto another's property under private necessity results in damage?
What is the legal consequence if someone's entry onto another's property under private necessity results in damage?
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When can excessive force be legally problematic for an individual exercising discipline?
When can excessive force be legally problematic for an individual exercising discipline?
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What is true about citizen's arrests according to the content?
What is true about citizen's arrests according to the content?
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What determines the effectiveness of consent given while intoxicated?
What determines the effectiveness of consent given while intoxicated?
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Under the Majority Rule regarding consensual criminal conduct, what entitles a plaintiff to damages?
Under the Majority Rule regarding consensual criminal conduct, what entitles a plaintiff to damages?
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What is generally required for informed consent in a medical context?
What is generally required for informed consent in a medical context?
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What is necessary for a successful self-defense claim relating to reasonable force?
What is necessary for a successful self-defense claim relating to reasonable force?
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What does the minority rule say regarding retreat in a self-defense situation?
What does the minority rule say regarding retreat in a self-defense situation?
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In relation to defenses applicable to property, when is the use of lethal force permissible?
In relation to defenses applicable to property, when is the use of lethal force permissible?
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What can a shop owner do if they reasonably believe a theft has occurred?
What can a shop owner do if they reasonably believe a theft has occurred?
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What is true about the defense of others in tort law?
What is true about the defense of others in tort law?
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What constitutes public necessity in tort law?
What constitutes public necessity in tort law?
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What happens if a third party is injured while the defendant uses reasonable force in self-defense?
What happens if a third party is injured while the defendant uses reasonable force in self-defense?
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Under what condition may a person recover property they believe was wrongfully taken?
Under what condition may a person recover property they believe was wrongfully taken?
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What is the effect of a reasonable mistake in the context of property defense?
What is the effect of a reasonable mistake in the context of property defense?
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What is the general exception pertaining to statutory rape in the context of consent?
What is the general exception pertaining to statutory rape in the context of consent?
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What must a defendant prove when claiming self-defense?
What must a defendant prove when claiming self-defense?
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Study Notes
Privileges in Intentional Torts
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Consent: A valid defense to intentional torts, requiring voluntary agreement with sufficient mental capacity.
- Express Consent: Direct, unequivocal verbal or written agreement.
- Implied Consent: Consent inferred from conduct, actions, or inaction; can be implied by a course of conduct or relationship, or by law in emergencies where consent is impossible. Crucial in medical contexts; a patient's inability to consent, serious risk of delay, and reasonable expectation of consent are factors. If treatment is not necessary, no implied consent.
- Consent Under Mistake, Misrepresentation, or Duress: Invalid consent if induced by duress, substantial mistake about the act or harm magnitude known to the other party, or induced by fraud.
- Consent When Intoxicated: Effectiveness depends on the ability to express rational will.
- Consent to Criminal Conduct: Majority rule: consent doesn't bar a tort claim. Minority rule: consent may be a defense unless the force exceeds that consented to. Consent to criminal conduct is often not a defense if the criminal statute is designed to protect a particular class. Informed consent mandates disclosure of risks for medical treatments.
Self-Defense
- Privilege: Use of reasonable force to defend against an imminent or actual harmful or offensive contact.
- Reasonable Force: Proportional to the threat; only the necessary force to prevent harm.
- Retaliation/Retreat: Retaliation, not privileged. No duty to retreat when the force used isn't likely to cause serious bodily harm; in jurisdictions with a minority rule, there might be a duty to retreat before using lethal force if it can be done safely.
- Mistake and Injury to Innocent Third Parties: A reasonable belief in the threat, and reasonableness of force used, are crucial. If the force used is unreasonable intentionally or negligently, the defendant may be liable for injury to third parties.
- Burden of Proof: The defendant must prove the existence of a threat, the reasonableness of the force used, and the need to retreat if possible.
Defense of Others
- Elements Similar to Self-Defense: Generally the same, with varying standards for reasonable belief.
- Mistake: Simple reasonable belief standard (if defendant reasonably believed intervention was necessary, they're privileged even with a mistake) in some jurisdictions. In others, the defendant steps into the shoes of the person they are defending.
Defense of Property
- Reasonable Force: Owner permitted to use reasonable force, not lethal force (unless self-defense is also engaged)
- Reasonable Mistake: Not a defense.
- Ejection and Unreasonable Danger: Ejecting someone from property into unreasonable danger is not privileged.
- Recovery of Property: Requires right to immediate possession, fresh pursuit, and reasonable force – deadly force not privileged unless the wrongdoer resists.
- Shopkeepers' Privilege: Detaining a person for a reasonable investigation if a reasonable belief that theft occurred; jurisdiction standards vary on force, scope, time, and who can claim privilege.
Necessity
- Public Necessity: Absolute defense; no compensation for damage. Privilege to enter/remain where necessary to avert imminent public disaster.
- Private Necessity: Defense, but the actor is liable for damage unless the threat was caused by the plaintiff's fault.
Authority of Law
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Warrant & Arrests: Using a warrant, or arresting without a warrant, with reasonable grounds, is privileged.
- Arrest of Felony Suspects: Officers/citizens can arrest if a felony has occurred/is occurring, or if have reasonable grounds to believe one did.
- Arrest of Misdemeanor: Officer when committed in presence, and citizens in breaches of the peace committed in presence.
- Excessive Force: Liability for excessive force in any arrest.
Discipline
- Parental/Custodial Rights: Reasonable force and restraint. Partial extension to teachers.
Justification
- Reasonable Restraint: Preventing injury or interference with property (in lawful custody) is a defense. In situations not covered by other privileges, justification may be used as a defense, but must be based on fairness and not meet requirements of traditional defenses or privileges.
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Description
This quiz explores the key concepts surrounding consent as a defense in intentional torts. Learn about express and implied consent, the effects of duress, intoxication, and more on legal agreements. Test your understanding of the complexities involved in personal injuries and legal defenses.
