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Chapter 4

DEFENSES TO INTENTIONAL TORTS

  This chapter discusses various defenses that D may raise to P’s claim that an intentional tort has been committed. Here are the main defenses considered in this chapter:
  • Consent:  Under the defense of “consent,” if P has consented to an intentional interference with his person or property, D will not be liable for that interference. This consent may be either express, or may be implied from P’s conduct or from the surrounding circumstances.
  • Self-defense:  A person is entitled to use reasonable force to prevent any threatened harmful or offensive bodily contact, and any threatened confinement or imprisonment. This is the defense of “self-defense.”
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