Category: DEFENSES TO INTENTIONAL TORTS

ISSUE:

Is the promoter of an illegal event liable for the damages sustained by participants even though they consented to the match?

RULE:

A boxing promoter is liable for the boxers’ injuries in an unlicensed boxing match, regardless of whether or not the boxers consented to it.

ISSUE:

Can the defendant, even though being an insane person be held liable for the tort of assault and battery?

Did the plaintiff consent to this job as she knew about the insanity?

RULE:

Where an insane person by his act does intentional damage to the person or property of another she is liable for that damage in the same circumstances in which a normal person would be liable.

ISSUE:

Can the shooter claim self defense because he mistook the police officer as the burglars?

RULE:

Where a defendant in a civil action attempts to justify on a plea of necessary self-defense, he must satisfy the jury not only that he acted honestly in using force, but that his fears were reasonable under the circumstances; and also as to the reasonableness of the means made use of.

ISSUE:

Can the Defendant set a spring gun trap to protect his property?

RULE:

No man can do indirectly what he is forbidden to do directly.

ISSUE:

Can the defendants use force in order to retake a property? Can it be justified?

RULE:

The right of recapture of chattels involves two things: first, possession by the owner, and, second, a purely wrongful taking or conversion, without a claim of right.

ISSUE:

Can the Defendant untie the Plaintiff’s boat when the Plaintiff tied his boat to Defendant’s dock out of necessity?

RULE:

The doctrine of necessity applies with special force to the preservation of human life. One may sacrifice the personal property of another to save his life or the lives of his fellows.