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Defenses to Intentional Torts
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Legal Authority
Definition: An individual or entity acting under official authorization is permitted to engage in acts that could otherwise be tortious. Example: A police officer arresting someone may use the necessary force to effectuate the arrest.
Self-Defense
Definition: The use of reasonable force to protect oneself from an immediate threat. Example: Pushing an attacker away to prevent harm to oneself.
Necessity
Definition: A defense that permits a person to act in a criminal manner when an emergency situation, not of the person's own creation, compels the person to act for the preservation of life or property. Example: Breaking into a cabin to take shelter from an unforeseeable and severe storm.
Justification
Definition: A catch-all defense where the circumstances warranted the otherwise tortious act. Example: A firefighter breaking down a door to put out a fire in an apartment.
Consent
Definition: Voluntary agreement by a person who possesses the capacity to understand the nature of the act. Example: A patient agreeing to surgery after being informed of the risks involved.
Statute of Limitations
Definition: The legal defense that bars plaintiffs from suing after a certain period of time has passed since the incident occurred. Example: An individual attempting to file a lawsuit for an intentional tort committed more than the statutory period ago may be prevented from proceeding with the claim.
Defense of Others
Definition: The justification for using reasonable force to protect another person from an immediate threat of harm. Example: Stepping in to defend a friend who is being attacked.
Privilege
Definition: A defense where the law grants a person the authority to act in a manner that would otherwise be tortious. Example: A journalist making potentially defamatory statements under the privilege of fair comment.
Defense of Property
Definition: The right to use reasonable force to prevent others from damaging or taking one's property. Example: Locking a gate to prevent trespassers from entering a property.
Discipline
Definition: A defense permitting a parent or guardian to use reasonable force to discipline a child. Example: A parent grounding their child for misbehavior.
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