Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Defenses to Intentional Torts

10

Flashcards

0/10

Still learning
StarStarStarStar

Legal Authority

StarStarStarStar

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.

StarStarStarStar

Self-Defense

StarStarStarStar

Definition: The use of reasonable force to protect oneself from an immediate threat. Example: Pushing an attacker away to prevent harm to oneself.

StarStarStarStar

Necessity

StarStarStarStar

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.

StarStarStarStar

Justification

StarStarStarStar

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.

StarStarStarStar

Consent

StarStarStarStar

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.

StarStarStarStar

Statute of Limitations

StarStarStarStar

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.

StarStarStarStar

Defense of Others

StarStarStarStar

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.

StarStarStarStar

Privilege

StarStarStarStar

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.

StarStarStarStar

Defense of Property

StarStarStarStar

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.

StarStarStarStar

Discipline

StarStarStarStar

Definition: A defense permitting a parent or guardian to use reasonable force to discipline a child. Example: A parent grounding their child for misbehavior.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.