Class 4

Defenses to Intentional Torts and Injuries to Property

The intentional torts we have studied this far have their own unique set of defenses, many of which are reminiscent of criminal law. This Section begins by canvassing these defenses and grappling with the difficult questions they raise. When can deadly force be used to prevent an intentional tort? How do we evaluate when someone consented to otherwise tortious conduct? Should these defenses be identical to the ones applied in criminal cases, or different?

Next, we will evaluate the torts that compensate for injuries to property, whether real estate or personal possessions. Many of these claims, including trespass to land, conversion, and trespass to chattels, reach back for years. How successfully do these rules apply to new scientific or technological developments?

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