1. The defence of provocation, even if successfully established through evidence, does

not defeat the plaintiff's tort claim in battery, but rather acts as a

with respect to damages.

2. Being grabbed by someone on the subway who has lost his balance is an example of

contact and does not constitute .

Short Answer

1. Why is litigation involving the interpretation of waivers not very common in the

context of intentional torts?

2. What is the formula for the defense of necessity, and why is it a rarely used defense

in tort?

3. Under what conditions does the law permit a person to use force in removing a

trespasser from his or her real property, and what is an example of a situation where

"defense of property" might be used as a defense?

4. What must a defendant prove to establish provocation, and what aspect of

provocation can be contentious attrial?