What is the first step in determining defense privileges in tort law?

The first step in determining defense privileges in tort law is assessing whether the tort is occurring now or just about to occur. This approach is vital because many defenses, particularly defenses related to self-defense or defense of others, hinge on the immediacy of the threat. A privilege to use force typically arises in situations where there is an imminent threat, making the timing of the alleged tort crucial. Understanding whether the tortious act is happening or is imminent helps clarify if the defendant's perception of the situation justifies their response.

By establishing this foundational context, one can then move on to evaluate other aspects, such as the reasonableness of the defendant's belief, the appropriateness of the force used, and the specific nature of the individuals involved in the incident. Each of those considerations follows logically after confirming the temporal aspect of the tortious act in question.