1. Consent
1.1. General Concept
1.1.1. a person who consents or apparently consents by words or conduct, to acts that would otherwise constitute a tort cannot recover damages for the acts
1.1.1.1. Can defeat FBATT
1.1.1.2. Words or conduct are reasonably understood by another to be intended as consent
1.1.1.2.1. as effective as consent in fact.
1.2. Rules
1.2.1. Consent is
1.2.1.1. Objective, Manifested, apparent
1.2.1.1.1. plaintiff consents when words or actions lead defendant to believe the consent occured
1.2.1.2. Consent is to conduct not harm
1.2.1.2.1. Plaintiff who has consented to conduct
1.2.1.3. Incapacity and Substituted Consent
1.2.1.3.1. if Plaintiff lacks capacity (mental or age) and Defendant should or should have known
1.2.1.4. misrepresentation, duress and mistake
1.2.1.4.1. Ineffective when Plaintiff is induced to profess consent as a result of defendant's misrepresentation, duress of the plaintiff or mistake, as the defendant knew or should have known
1.2.1.5. consent to crime
1.2.1.5.1. Does not apply in cases where the consent is to commit a crime.
1.3. Model Law
1.3.1. When given expressly or implied, a defendant is not liable for the action that would otherwise constitute a tort
2. Self Defense
2.1. GeneralConcept
2.1.1. A person is privileged to use reasonable force to defend himself against unprivileged acts that he reasonably believes will cause him bodily harm, offensive bodily contact, or confinement.
2.2. Rules:
2.2.1. Must have an immediate need to prevent the invasion or harm
2.2.1.1. Does not allow for retaliation for past acts
2.2.2. Must use reasonable force
2.2.2.1. Can't use deadly force unless deadly force is imminent
2.2.2.2. Plaintiff becomes liable for all force that is excessive.
2.3. Situations where appropriate
2.3.1. Sellf help
2.3.1.1. May remedy wrongs by self help
2.3.2. Self defense against physical harms
2.3.2.1. prevention of iminent harms
2.3.2.1.1. Most commonly those associated with battery, assault, False Imprisonment.
2.3.3. S. D against Words
2.3.3.1. NEVER JUSTIFIES
2.3.3.1.1. Provocation is not a defense
2.3.4. SD against False Imprisonment
2.3.4.1. Allows for reasonable force to prevent against confinement
2.3.4.1.1. Exception: Confinement by officer of the law
2.3.5. Officers unlawful arrest
2.3.5.1. Not a privilege in some courts
2.4. Model Law
2.4.1. If a defendant has reasonable grounds to believe he is being. or about to be, attacked, force may be used to reasonably prevent injury
3. Defense of Others
3.1. General Concept
3.1.1. Privileged to defend others from an attack that appears to threaten imminent harm to them
3.1.1.1. The victim must have had the self defense privilege to be defended by another
3.1.1.2. Must be reasonable to the perceived threat
3.2. Model Law
3.2.1. If a defendant reasonably believes a person being aided would have the right of self defense, the defendant is not liable
4. Defense of land or chattels
4.1. General concept
4.1.1. Possessor of land or chattels is privileged to use reasonable force when necessary to defend the property from intrusion, taking, harm or continued trespass.
4.1.1.1. Reasonable force is adopted to and proportioned to the protection of the possessor interest of the property to prevent invasion
4.1.1.1.1. Reasonable person would have defended in the same or similar manner
4.1.1.1.2. Does not include deadly force
4.1.1.2. Intruders with a privelege or necessity cannot be defended against.
4.2. Must be an imminent invasion or currently happening.
4.3. Model Law
4.3.1. One may use reasonable force to prevent tortious acts to property within their possessory interest
5. Necessity
5.1. Public
5.1.1. General Concept
5.1.1.1. Protects defendant who damages, destroys or uses plaintiff's property to avoid or minimize serious and immediate harm to the public
5.1.1.1.1. Provides complete protection
5.1.2. Must Show
5.1.2.1. Public intrest involved
5.1.2.2. Reasonable belief that such action was needed
5.1.2.3. action taken was reasonable to the threat
5.1.3. Model Law
5.1.3.1. An act that is otherwise tortious was done with the reasonable belief that the action would prevent the harm to public interests.
5.2. Private
5.2.1. General Concept
5.2.1.1. Protects defendants who act in emergencies that would otherwise be trespass to chattels, Trespass to land or conversion
5.2.1.1.1. provides incomplete protection
5.2.1.1.2. Only in-vocable when defendant is seriously threatened or reasonably appeared to be threatened with serious harm and if the response is reasonable to the perceived threat.
5.2.2. Key Factors
5.2.2.1. For the individual.
5.2.2.2. does not mean liable for damages if harm is not done
5.2.2.3. Land owner cannot prevent entry
5.2.3. Model Law
5.2.3.1. Interference with another is necessary to avoid injury for the benefit of self or a limited number of persons.
6. Justification (Discipline)
6.1. General Concept
6.1.1. Restraint or detention generally is reasonable under circumstances and in time and in the manner imposed to prevent damage to property in possession is lawful
6.1.1.1. ie. A bus driver can hold students on the bus who have done damage, so long as the children understand the damage they have caused and have been warned.
6.2. Model Law
6.2.1. One can cause restraint or detention of others so long as the force is reasonably used to discipline children, taking into account the age, sex and seriousness of the behavior.
7. Recovery of Property
7.1. General Concept
7.1.1. Where anothers posession begins lawfully, one may use peaceful means to revoer the chattel.
7.1.1.1. Force may only be used to recapture in hot pursuit of one who has obtained the posession wrongfully
7.2. Factors
7.2.1. Recovery only from the wrongdoer
7.2.1.1. Recapture may only be from a torfeasor who knows or should know the chattel was wrongfully obtained.
7.2.2. Timely Demand required
7.2.2.1. A demand to return the chattel must precede the use of force, unless the circumstances make it clear that the demand would be futile or dangerous.
7.3. Fact Driven Rule
7.3.1. Shopkeepers privelege
7.3.1.1. Shopkeepers may have a privilege to reasonably detain individuals whom the reasonably believe to be in possession of shoplifted goods.
7.4. Model Law
7.4.1. One may use reasonable force to recover chattels, such that the person first demands the return of the chattel, unless the situation is to dangerous to demand the return.