Discover the intricate world of justified actions with "Study for the Bar in Your Car," your expert audio guide featuring AI hosts Claude and Ma,ude powered by Angela's uniquely insightful notes. In Episode 6, "Defenses to Intentional Torts," we dissect the crucial principles that can legally excuse acts that otherwise appear to be torts, offering you a nuanced view of liability that is vital for bar exam success.

We start with Consent, the fundamental "legal yes." Learn how consent, whether express (written or spoken) or implied (inferred from conduct or custom, like participating in sports), can negate the wrongfulness of an act. The law applies an objective standard: contact is offensive if it would offend a reasonable person. For medical procedures, delve into informed consent, understanding the doctor's duty to disclose material risks that a reasonable patient would consider relevant. We break down the three elements a patient must prove for liability: non-disclosure, causation (a reasonable person would have chosen differently), and that the undisclosed risk actually materialized and caused harm.

Next, explore Protective Privileges, where force is justified to protect yourself, others, or property.

• Self-defense: This privilege permits reasonable, proportional force against an imminent threat, with deadly force reserved only for reasonable fear of death or serious bodily harm. We clarify the majority "no duty to retreat" rule versus the minority view, and how reasonable mistakes about a threat are generally allowed.
• Defense of Others: You can use the same reasonable and proportional force to protect a third person as they would be privileged to use themselves.
• Defense of Property: The law values property less than life. You can use reasonable, non-deadly force to protect property, but never deadly force. Learn the rule on warnings (like barbed wire) and the limitations on recapturing chattels or land, which generally favor legal processes over self-help force unless in hot pursuit.

Then, we examine Necessity, a defense where a tort is committed to prevent a greater harm.

• Public Necessity: This is a complete defense when an act is reasonably believed necessary to avert serious public harm, like destroying a house to stop a fire.
• Private Necessity: This allows a privilege to trespass to protect oneself, another, or one's own property from serious harm, but it is not a complete defense. The defendant must still pay for any actual damages caused, and the landowner cannot interfere with this privileged act.

This episode provides the precise definitions and legal frameworks necessary to master intentional tort defenses. Equip yourself with this foundational knowledge, refine your understanding, and ace your bar exam prep.

Don't miss out on this deep dive – listen now and subscribe to the "Study for the Bar in Your Car" podcast for more invaluable insights!