LAW 604C Lecture 5: Law 604C Class 5 Notes
Document Summary
Purposeful infliction of bodily harm from 3rd restatement of torts. Purposely causes bodily harm by: affirmative conduct or, duty and failure to prevent harm, other does(cid:374)"t co(cid:374)se(cid:374)t. Intent in a trespass case, (brown v. martinez, see class 5 case notes) Self defense in intentional torts: actual or reasonably apparent threat, force used is reasonable in degree of response. Deadly force is only lawful when harm against oneself is intended or likely to cause death or serious harm (see katko v. briney in class 5 case notes) Person being detained is or has committed a felony. Would depend on arguments for what a breach of the peace is. Arizona means arguments to determine what a breach of the peace is would determine the outcome of the case. A person extends their hand and you shake their hand. The action of extended their hand to give a handshake is the apparent consent you have to shake their hand.