Intentional Torts Defenses

Discipline, Authority of Law, Recapture, Necessity, Consent, Others, Property, Self Defense

A person with recognized authority (schoolteacher, bus driver, pilot, police, parent, etc) who acts reasonably may raise that authority as a defense against the intentional torts of battery and false imprisonment.

A person is privileged to act reasonably to prevent or stop a felony from being committed in their presence. Police may arrest for misdemeanors committed in their presence and for felonies otherwise if based upon reasonable suspicion.

A person acting in fresh pursuit may invade land and use reasonable force to recapture chattel removed by others from their possession without permission if they have asked for and have been refused return of the chattel.

A person is privileged to act reasonably as necessary to protect their own safety, the safety of others and the safety of property.

Consent is a defense to most intentional torts if it is informed, voluntary and with legal capacity.

A person is privileged to act reasonably as necessary to defend others who are not aggressors from harm.

A person is privileged to use reasonable force to protect their property or the property of others. Deadly force is never reasonable or legal.Under the Shopkeeper’s privilege a defendant may use reasonable force to detain a plaintiff for a reasonable period of time to investigate a reasonable suspicion that the plaintiff has stolen goods or services from the defendant.

A person who is not an aggressor may act reasonably as necessary to protect their own safety.