MBE Rules · Torts
Consent
Consent (torts)
The rule
Consent, express or implied from conduct or custom, bars intentional-tort liability within its scope; consent by fraud as to an essential matter, duress, or incapacity is invalid, and majority rule voids consent to illegal acts.
In plain English
Consent is a defense in tort law that prevents liability for intentional torts if the injured party agreed to the conduct, either explicitly or through their actions. However, consent obtained through fraud, under duress, or from someone who lacks the capacity to consent is not valid, and consent cannot be given for illegal activities.
Worked example
During a football game, a player tackles another player hard, causing injury. The injured player had previously agreed to the physical nature of the game, so he cannot sue for battery. The outcome is that the player who tackled is not liable for the injury due to the consent given by the injured player.
Memory hook
Consent is your shield; without it, you're exposed!
The trap
Exams often present scenarios where consent seems implied but may be invalid due to factors like fraud or duress, leading students to overlook these critical details. Students may also confuse consent with mere acquiescence in ambiguous situations.
How examiners test it
Questions typically involve fact patterns where consent is given, but the validity of that consent is challenged due to fraud, duress, or illegality, requiring students to analyze the nuances of consent in tort law.
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