13. Axel Cutioner tells Mary, Queen of Scots, that he is a magician, and offers her a solid gold ring if she lets him saw her in half. She consents, not realizing the gold ring is cheap plastic, and, in fact, still has Cracker Jack candy stuck to it. When she discovers the fraud, she sues him for battery. Does her consent constitute a valid defense?
14. Ron is a “responsible” rapist – he never rapes anyone without wearing a condom, and he does not carry a weapon. One night, he attempts to rape Lorena, telling her that he’ll be gentle and won’t hurt her as long as she doesn’t resist. He in fact uses no overt force as he puts on a condom and prepares to assault her. Lorena decides (reasonably under the circumstances) that the least deadly way to prevent intercourse is to use a knife she has hidden in her purse; she does so, and castrates Ron. Ron sues Lorena for battery. She defends on grounds of self-defense. Who wins?
15. Fletcher Christian, deck hand on the ship HMS Bounty, plays a practical joke on Captain Bligh. Bligh whips Christian, in violation of Navy regulations. Humiliated, Christian sets Bligh afloat on a raft. When Bligh gets back to civilization and sues Christian, Christian claims he acted in self-defense. Is his defense valid?
16. Aaron Burr is sitting in an aisle seat in the bleachers at a baseball game, minding his own business. Alexander Hamilton walks up to Burr, his arms laden with beer, nachos, and bratwurst. Hamilton sneers, “Get out of my way, you stupid butthead.” People in nearby seats titter. Burr gets up and decks Hamilton, sending him sprawling backwards. Hamilton sues Burr for battery. Burr defends on self-defense grounds. What result?
17. Dorothy is out for a drive with her dog, Toto. A howling storm kicks up, and the visibility decreases to almost nothing. Dorothy is terrified, and says, “Toto, I don’t think we’re in Kansas anymore.” She pulls off the road, into the driveway of the Wicked Witch of the West. She grabs Toto and runs into the garage. Wicked Witch sees Dorothy coming and reasonably believes she’s trying to steal Witch’s magic brooms, which she keeps in the garage. Witch runs out and beats her up. When Dorothy sues Wicked Witch for battery, will Wicked Witch have a valid “defense of property” privilege?