The following are defenses that the defendant may raise in response to the plaintiff’s intentional tort claim:

1. Consent
2. Self-Defense
3. Defense of Others
4. Defense of Property
5. Recapture of Chattels
6. Necessity
7. Arrest
8. Justification

Self-Defense

• Self-Defense: A person is entitled to use reasonable force to prevent a harmful or offensive bodily contact, and any threatened confinement or imprisonment.
• 2 Issues for Self-Defense
  1. Privilege Exist?
     • Defendant must be privileged to use some kind of force to defend himself.
  2. Degree of Force?
     • Defendant must be privileged to use the degree of force used.
• When can self-defense be used?
  • Self-defense may only be used as protection
  • NOT retaliation for tort already committed
  • NOT in response to provocation (ex. verbal insults)
  • Harm must be imminent
    • Ex. Samuel tells Suzanne that he will punch her 5 times on Tuesday. Suzanne cannot beat up Samuel today in order to prevent Samuel from punching her.  The only way that she would be able to and still be considered self-defense is if there appears to be no way for her to defend herself on Tuesday.
• What degree of force can be used?
  • Degree of force necessary to prevent the harm may be used.
  • The defendant may not use deadly force unless he himself is in danger of death or serious bodily injury from the attacker.
    • Deadly force is force intended or likely to cause death or serious bodily injury.
  • Second Restatement:
    • Non-deadly force may be used instead of retreating.
    • Deadly force may  not be used instead of retreating UNLESS the attack takes place in his own dwelling and is performed by someone who does not reside in the dwelling.
      • In some courts, self-defense may not be used if the defendant could avoid the threatened harm by running away from the harm.

Defense of Others

• An individual may use reasonable force to defend another against a harmful or offensive bodily contact.
  • Similar rules to self-defense apply.