when applicable, the damage to the chattel. The remedy for this cause of action not only requires the defendant to pay the plaintiff the full value of the chattel but also is properly considered a forced sale. The plaintiff must tender the defendant the chattel. Therefore, a plaintiff may not elect to pursue this cause of action but instead trespass to chattel, namely when he wants to keep his chattel despite its potential damage. Defamation Barrett v. Rosenthal Curtis Publishing Co. v. Butts Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Gertz v. Robert Welch, Inc. Hustler Magazine v. Falwell Lunney v. Prodigy Services Co. McDonald v. Smith Milkovich v. Lorain Journal Co. Near v. Minnesota New York Times Co. v. Sullivan Red Lion Broadcasting Co. v. Federal Communications Commission Reynolds v. Pegler Time, Inc. v. Firestone Westmoreland v. CBS John Peter Zenger Affirmative defenses The following are affirmative defenses to intentional torts. Consent Consent can be a defense to any intentional tort, although lack of consent is occasionally incorporated into the definition of an intentional tort, such as trespass to land. However, lack of consent is not always an essential element to establish a prima facie case in such situations. Therefore, it is properly treated as an affirmative defense. Self-defense Self-defense is typically a defense to battery. Similar to self-defense is the defense of others. Defense of property This is typically a defense to trespass to land or trespass to chattels, as it can refer to realty or personalty. Necessity Necessity is typically a defense to trespass to land. There are two kinds of necessity, private and public. Private necessity This is a partial privilege. A party who has this privilege is still liable for damage caused. This defense is therefore more important when there is a concomitant issue of whether the opposing party has a valid privilege of defense of property. The following example is derived from an actual Vermont case from 1908. Paula is sailing on a lake when a violent storm suddenly breaks out. She navigates to the nearest dock and quickly ties up her vessel, not damaging the dock at all. The dock belongs to Dave. Dave attempts to exercise the privilege of defense of property, as Paula would ordinarily be committing a trespass to land in this situation, and unties the vessel. Paula therefore drifts back away from the shore. Her boat is damaged,