Mama Bear Outline Thursday, November 12, 2009 5:45 PM 1. Intentional Torts : o Battery Did D intend to act for the purpose of inflicting contact or with the substantial certainty that contact would occur? Did the act cause harmful or offensive contact? Defenses: There was Consent (willingness for contact to occur) Self-defense Can defend when reasonably believe harm will occur and it’s the only prevention Majority says can use deadly force in self-defense even if you can retreat Defense of others Can defend others as long as you reasonably believe they are in danger and they are privileged Defense of property If you reasonably think force is the only way Can use deadly force is you reasonably believe intruder will cause death/serious harm Necessity Can trespass if you have to out of sudden/temporary cause R2K 197 - can trespass to avoid harm but must pay for damages R2K 263 - can damage chattels to avoid serious harm Parent/Teacher Can discipline as long as reasonable in light of circumstances, age, etc. o Assault Did D intend to cause harmful/offensive contact? Was the other person put in imminent apprehension ? o False Imprisonment Did D act with intent to confine? Did act result in confinement?
