When Force Is (and Isn’t) Legal Part 2: Defenses to Intentional Torts

In this episode of American Law Café, we unpack the most important defenses to intentional torts—including when the law allows you to use force, and when it doesn’t. From consent and self-defense to necessity and mechanical traps, we examine how courts draw the line between justified action and unlawful violence.

🔑 Key Topics Covered:

• Consent: When words, conduct, or emergencies eliminate liability—and when age or incapacity makes consent invalid.
• Self-Defense vs. Defense of Property: Why protecting yourself may justify deadly force—but protecting your stuff almost never does.
• Mistake, Proportionality, and Privilege: How a wrong but reasonable belief affects your ability to claim a defense.
• Necessity: What happens when you break the law to avoid greater harm.

⚖️ Case Highlight:

• Katko v. Briney: The iconic “spring-loaded shotgun” case that draws a sharp boundary—deadly force may never be used to protect property alone.

🎧 Whether you’re prepping for your torts final or just curious how far the law will go to excuse otherwise wrongful conduct, this episode will give you a grounded, memorable overview of how courts treat affirmative defenses in tort law.

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.