Intentional torts - Parental discipline

Learning Outcomes

After reading this article, you will be able to explain when parental discipline is a valid defense to intentional torts, identify the boundaries of reasonable force, and apply the correct legal standard to MBE-style scenarios. You will also recognize common exam traps involving excessive discipline and understand how courts assess the reasonableness of parental conduct.

MBE Syllabus

For MBE, you are required to understand how parental discipline operates as a defense to intentional torts. This includes knowing the legal standard for reasonable force, the limits of the defense, and how courts distinguish discipline from abuse. You should be able to:

  • Recognize when parental discipline is a defense to intentional torts such as battery or assault.
  • Apply the standard of "reasonable force" in the context of discipline.
  • Identify when discipline exceeds permissible limits and becomes tortious.
  • Distinguish parental discipline from other defenses (e.g., self-defense).
  • Analyze fact patterns for exam pitfalls involving excessive or unreasonable discipline.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. A parent slaps their 12-year-old child for talking back. The slap leaves a temporary red mark but causes no lasting injury. If the child sues for battery, is the parent liable?
    1. Yes, because any physical contact is battery.
    2. Yes, because the force was excessive.
    3. No, if the force used was reasonable for discipline.
    4. No, because parents are always immune from tort liability.
  2. Which of the following best describes the legal standard for parental discipline as a defense to intentional torts?
    1. Any force is allowed if the parent believes it is necessary.
    2. Only force that is reasonable under the circumstances is permitted.
    3. Only non-physical discipline is allowed.
    4. Discipline is never a defense to intentional torts.
  3. A father uses a belt to spank his 8-year-old for stealing. The child suffers bruises lasting two weeks. Is the father likely to be liable for battery?
    1. No, because parents may use any means of discipline.
    2. No, because the child misbehaved.
    3. Yes, if the discipline was excessive or unreasonable.
    4. Yes, because all corporal punishment is prohibited.

Introduction

Parental discipline is a recognized defense to intentional torts such as battery and assault. The law allows parents (and those in loco parentis) to use reasonable force to discipline their children. However, this defense is not absolute. If the force used is excessive or unreasonable under the circumstances, the parent may be liable for tortious conduct. Understanding the boundaries of this defense is essential for MBE success.

Parental Discipline as a Defense

Parents and guardians are permitted to use force to discipline their children, but only to the extent that the force is reasonable and not excessive. The defense applies to intentional torts like battery, assault, and false imprisonment.

Key Term: Parental Discipline The legal privilege allowing parents or those in loco parentis to use reasonable force to control or discipline their children, serving as a defense to intentional torts.

The Reasonableness Standard

The core of the parental discipline defense is reasonableness. Courts assess whether the force used was appropriate in light of the child's age, the child's behavior, the method of discipline, and the resulting injury. Factors include:

  • The child's age, size, and maturity.
  • The seriousness of the child's conduct.
  • The type and degree of force used.
  • The extent of any injury caused.

If the discipline is reasonable, the parent is not liable. If the force is excessive or results in serious injury, the defense fails.

Key Term: Reasonable Force (Parental Discipline) The amount and type of force that an average, prudent parent would consider necessary and appropriate for discipline under the circumstances.

Limits of the Defense

The defense of parental discipline does not protect parents who use force that is excessive, cruel, or results in significant injury. Discipline that is grossly disproportionate to the child's conduct, or that causes lasting harm, is not protected.

Key Term: Excessive Discipline Force or punishment by a parent that exceeds what is considered reasonable, resulting in loss of the parental discipline defense and potential tort liability.

Who May Claim the Defense

The privilege extends to parents, legal guardians, and those temporarily responsible for the child (such as teachers or caregivers acting in loco parentis), but only while acting within the scope of their authority.

Worked Example 1.1

A mother grabs her 10-year-old son's arm and firmly pulls him away from a busy street after he refuses to stop running toward traffic. The child suffers minor discomfort but no injury. The child sues for battery. Is the mother liable?

Answer: No. The force used was reasonable to protect and discipline the child, so the parental discipline defense applies.

Worked Example 1.2

A father, angry at his teenager for skipping school, punches the child in the face, causing a broken nose. The child sues for battery. Can the father claim the parental discipline defense?

Answer: No. The force was excessive and not reasonable discipline. The defense does not apply, and the father is liable for battery.

Exam Warning

On the MBE, do not assume all parental discipline is protected. Always analyze whether the force was reasonable. If the facts show serious injury, lasting harm, or grossly disproportionate punishment, the defense will likely fail.

Revision Tip

When answering MBE questions, look for facts about the child's age, the parent's intent, the method of discipline, and the extent of injury. These details are key to determining if the defense applies.

Key Point Checklist

This article has covered the following key knowledge points:

  • Parental discipline is a defense to intentional torts only if the force used is reasonable.
  • The defense applies to parents, guardians, and those in loco parentis acting within their authority.
  • Excessive or cruel discipline is not protected and results in tort liability.
  • Courts consider the child's age, conduct, method of discipline, and injury when assessing reasonableness.
  • The defense does not apply if discipline causes serious or lasting harm.

Key Terms and Concepts

  • Parental Discipline
  • Reasonable Force (Parental Discipline)
  • Excessive Discipline
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
AdaptiBar
One-time Fee
$395
Assessment Day
One-time Fee
$20-39
BarPrepHero
One-time Fee
$299
Job Test Prep
One-time Fee
$90-350
Quimbee
One-time Fee
$1,199

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal