Torts Essay

TORTS ESSAY ONE

1. - Does Farmer have any claim(s) for damages against Pilot on Intentional Tort?

INTENT

The essential requirement element that all intentional torts share is the element of intent. Intent has been defined as to the defendant either:

 Desires the outcome of his/her act

 Knows to a substantial certainty that the outcome will occur

Most intentional torts also share a voluntary act requirement, which means that the defendant’s act occurs free from duress, as a result of a free will act; or that there is not a defense, privilege or justification for the act or its result.

DEFENSE/PRIVILEGES

Intentional torts have defenses or justifications for the act that will allow the defendant to not be held responsible or liable under these defenses or privileges. These are:

 Consent: This can be implied by fact, or implied by law, or expressed in word or action.

 Self-defense: For affirmative defense, the treat must be immediate and the obligation to retreat from deadly force.

 Defense of others: One may use reasonable force to defend another person, only if that person could have used force to protect himself. Thus the person aided must have a legitimate claim to self-defense. b. When this defense is available: There are a variety of views

 1. One may defend someone else, even if that person is a stranger, if he reasonably believes that the circumstances warrant the necessity of the intervention.

 a. Some courts have held that the person is only privileged if the person who he is helping was privileged, (i.e. if you made a mistake and helped the aggressor, you may be liable)

 b. other courts have held that even if mistake was made so long as your belief was reasonable you will not be held liable.

 2. Amount of force: the same rules apply to defense of others as apply to self-defense.

 Defense of property: One may use reasonable force to prevent a tort against his property.

 When defense is available: After a request...