When Force Is (and Isn’t) Legal Part 1: Defenses to Intentional Torts

In this episode of American Law Café, we break down the legal defenses that can save a defendant from liability—even when all the elements of an intentional tort are proven. From mistakes and consent to self-defense and defense of others, we explore when the law shields your actions and when it leaves you on the hook.

🔑 Key Topics Covered:

• Mistake: Why an honest error usually won’t save you—unless it’s in the context of self-defense or defense of property, where heat-of-the-moment misjudgments can still be protected.
• Consent: The three forms—express, implied, and implied by law—and the limits on when consent is valid. Learn how incapacity, fraud, duress, and exceeding the scope of permission can erase this defense.
• Mature Minor Exception: How Cardwell v. Bechtol carved out a rule allowing certain minors to consent to medical treatment under Tennessee’s “Rule of Sevens.”
• Self-Defense: When reasonable force—including deadly force—can be used, how “Stand Your Ground” laws change the retreat requirement, and what happens if an innocent bystander gets hurt.
• Defense of Others: The right to protect another person from harm, and why being wrong about the threat can still make you liable in many jurisdictions.

⚖️ Case Highlight:

• Cardwell v. Bechtol — Tennessee’s landmark “mature minor” case. The court upheld a 17-year-old’s consent to medical treatment without parental approval, finding her mature enough to make her own medical decisions.

🎧 Whether you’re prepping for your torts class or just curious about the fine line between justified action and civil liability, this episode will give you a clear, case-driven overview of how courts handle affirmative defenses in intentional tort cases.

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

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🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
📚 Content Created by Heather Mora
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