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Intentional Torts (Defenses (consent (implied consent (apparant consent,…

- - - - apparant consent
      - consent implied by law
    - - incompetents, drunk people, and very young children are deemed incapable of consent to tortious conduct
      - criminal acts
        
        minority view & Restatement view consent to a criminal act as a defense in a civil action for tort liability
        
        majority view is that a person cannot consent to a criminal act, as a defense to tort liability
  - - - e.g. undue detention or failing to bring party before a magistrate
    - - liable for false imprisonment
  - - - qualified, liable for injuries
      - absolute if benefiting owner of land
- - - - force may be used only in hot pursuit of someone who gained wrongful possession
      - timely demand required, unless clearly futile or dangerous
      - recovery only from wrongdoer - transfer to innocent third party cuts off privilege to use force
      - entry on wrongdoer's land is OK if within a reasonable time and in a reasonable manner
      - entry on innocent party's land is OK within a reasonable time and in a peaceful manner is landowner has notice that chattel is there but refuses to return it
      - on land through owner's fault - NO privilege
      - shopkeeper's privilege
- - - - words alone generally do not constitute assault, sometimes words negate an assault
- - - - physical barriers
      - physical force
      - direct or indirect threats of force
      - failure to provide means of escape
      - invalid use of legal authority
      - awareness of confinement necessary
- - - - request to desist usually required
      - reasonable mistake by property owner in using force is ok unless the entrant has a privilege to the property that supersedes the defense
      - limited to preventing commission of tort - if it's already committed cannot use force to retrieve it; "hot pursuit" ok
      - common law privilege - dispossessed person can use reasonable force to regain possession
        
        NO privilege in modern law, summary procedures to regain real property
      - reasonable force, not including death or serious bodily harm