Essentials of Torts

For consent to be valid, the plaintiff must know what conduct is being consented to and its probable consequences.

If you use the privilege of private necessity, you must compensate the owner of the property you used.

MATCHING -reasonable force to protect oneself

A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should not be granted.

MATCHING -a 1983 action

The same conduct of the defendant can constitute common law battery and a 1983 tort.

MATCHING -reasonable steps to protect third persons

Paul sees Dan repeatedly enter Paul's land at least twice a week over a six-month period.The only time Dan knew that Paul objected was when Paul sued Dan for trespass to land.________.

You can never use the defense of self-defense when you hit someone who was simply trying to help you.

Reasonable force in self-defense can never include deadly force.

In most states, when you use the privilege of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect.

Which of the following is not an element of consent ________?

Judges and legislators have absolute official immunity for common law torts committed in the course of their employment.

Which of the following is not a self-help privilege ________?

Reasonable force in defense of property can never include deadly force unless the interference with the property threatens life or limb of others.

All very intelligent children have the capacity to consent to a defendant's wrongful conduct.

Before force is used to recapture chattels, a request for the return of the chattel must be made unless making the request would be impractical or unsafe.

The federal government has not waived sovereign immunity under the Federal Tort Claims Act for negligence committed at the planning level.

The shopkeeper's privilege can be used by a merchant to detain a person for a reasonable period to investigate whether there has been a theft.

The main test for consent is subjective-whether the plaintiff actually agrees to the defendant's conduct.