Defenses
Office Hours
Tuesdays, 1:00pm to 2:00pm
Thursdays, 11:00am to 12:00pm
Today, 11:00am to 12:00pm, Casassa C302
Eggshell Plaintiff
If the defendant commits a tort, the defendant takes the victim as he finds him. The defendant must pay damages for the plaintiff’s actual injuries, even if those injuries were unforeseeable or uncommon.
WARNING:
The plaintiff CANNOT use the eggshell plaintiff rule to prove that the defendant committed a tort. It is a rule about how much harm the defendant is liable for, given that the defendant has committed a tort.
Abridged Definition from Restatement (Second) of Torts
An actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and a harmful or offensive contact with the person of the other directly or indirectly results.
Structure
Intentional Torts:
— Battery
— Assault
— False imprisonment
— Intentional infliction of emotional distress
Defenses:
— Consent
— Self-defense
— Defense of property
— Necessity
Hustler Magazine v. Falwell
Snyder v. Phelps
Defenses
Consent
Self Defense
Defense of Property
Necessity
Consent
Hart v. Geysel
Self Help Defenses
Self Defense
Defense of Property
Necessity