Torts Notes 2.pdf - Tort Defences(intentional torts 1 2 3...

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December 13, 2017 Tort Defences (intentional torts): 1. Did the pltf consent? a. Was the consent express/implied: sports (waivers), public places. 2. Was the injury “outside realm of consent. a. Sports: what if contract is usually violent? Did the contact fall outside the parameters of the game? b. Sexual contact: what is consent beyond trivia/normal? 3. Doctors (battery): a. Emergencies (consent not possible) b. Consent must be full & informed. c. Uninform consent is no consent at all. Self defence key points: - Defendant used force to protect from pltf - Narrow purpose = deter pltf from continue force/aggression - Can defend others, but not settled law - Can use self defence against trespass - NB (Noto Bene (note well)): force used must be reasonable not excessive - Defendant’s honest belief that battery is imminent, can use force reasonable - There is power of citizen’s arrest, but there must be “sufficient & reasonable force” to make arrest. - Cannot use “wounding force” to protect chattel, I can use reasonable force if I tell the person to “get off my property.” Have firearms been used successfully is self-defence? Provocation: - Did the pltf say/do something that made the defendant lose control (did pltf provoke aggressive reaction?) - This defence is a partial defence (it mitigates damages but doesn’t eliminate them). - Courts will shave off some of the damages because of the provocation. Criminal: manslaughter a. Criminal negligence b. Unlawful act c. Crime of passion. Necessity: (p243) - There has to be life threatening for defence. - If there are damages, defendant must pay. - Nominal damages = don’t have to compensate. Legal Authority: (p245) - Did the defendant have a statutory/common law right to undertake the tort? = not tortious because of legal authority.
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