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Defenses to Intentional Torts

Defenses to Intentional Torts

Examine the most important affirmative defenses to intentional torts: self-defense and necessity.


So, let's say you're a hapless defendant faced with an ironclad, prima facie case against you for an intentional tort. What do you do?

Don't worry. All may not be lost. Even if your conduct meets each element of one or more intentional torts, you still have the chance to plead and prove the elements of one or more affirmative defenses. If you can make your case for a defense, then you can escape liability even if you're otherwise guilty as sin.

The two main affirmative defenses we'll be...