Question
In which scenario below would B prevail on a defense of valid consent to an act that otherwise would have been an actionable tort for
- In which scenario below would B prevail on a defense of valid consent to an act that otherwise would have been an actionable tort for which A could recover?
In a crowded cafeteria, B announces that anyone standing is free to sit at an empty chair at B's table. A comes over and sits down, quickly standing again upon discovering that B had put thumbtacks on the seat as a practical joke. A sues B for battery, and B's defense is that A voluntarily chose to sit in the seat. | ||
While drinking at a bar, A dares B to "punch me in the stomach as hard as you can - my abs are like a rock." B punches A, who promptly vomits on the floor of the bar but is not hurt beyond being slightly sore and seriously embarrassed. A sues B for battery, and B's defense is that A voluntarily consented to the punch in the stomach. | ||
B, a nurse, is providing Covid-19 vaccinations in a local pharmacy. A, who is talking on their cell phone, sits down next to B and raises their left arm as if preparing to be vaccinated. B gives A the vaccination shot, but A immediately says "what are you doing - I'm not here to be vaccinated." A sues B for battery, and B's defense is that A implicitly consented to the vaccination through their actions. | ||
A is a homeowner who grows prize roses in a garden located at the far end of their 5-acre lot. A is aware that people in the neighborhood routinely cut across that portion of their lot and admire the roses on their way to local schools and shopping, and A has never done anything to discourage people from doing so. One day, A spots B doing precisely what others routinely have done, but A dislikes B and sues B for trespass to land. B's defense is that A implicitly consented by routinely permitting others to do precisely what B was being sued for doing. |
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