Explore the legal terms and concepts related to Defenses to Intentional Torts. Click on any term below to learn more about its definition and applications.
When is defense of property proper?
One may use reasonable force to prevent a tort being committed against their real or personal proper...
In assessing a tort against property, what is necessity?
A person may (1) interfere with the real or personal property of another when it is (2) reasonably a...
What is the shopkeeper's privilege?
Shopkeepers have a privilege to detain individuals they reasonably believe committed—or are committi...
When may an actor recapture a chattel?
An actor may use force to recapture a chattel only when tortiously dispossessed and in hot pursuit,...
When is defense of others proper?
One may use force to defend another when the actor reasonably believes that the other party could ha...
When is self-defense proper?
When a person reasonably believes they are being—or are about to be—attacked, they may use such forc...
When is consent implied by law?
Consent is implied by law in extreme circumstances, like where it is necessary to save one's life.
When is consent implied?
Consent is implied where a reasonable person would infer it from custom, usage, or plaintiff's condu...
When is express consent not valid?
Express consent is not valid in 3 situations: (1) where there was a mistake the defendant knew about...
What is consent and its limitations?
Valid consent can be either express, implied, or implied by law. People cannot consent to a criminal...
In assessing a tort against property, what is a public necessity?
Public necessity is an act for the public good. The trespassing party is not liable for damages made...
In assessing a tort against property, what is a private necessity?
Private necessity is an act that exclusively benefits a limited number of people. The trespassing pa...
