This interactive exercise addresses the topic of consent as a privilege or defense to various intentional tort claims. It begins with a consideration of how consent is determined to exist and then explores various applications of the defense in contexts such as medical encounters and sporting events. Consideration is given to how the courts have utilized the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to overarching policy goals. Related exercises which the student may wish to consider are (1) Informed Consent and (2) Assumption of Risk.
On completion of the lesson, students will be able to:
1. Discuss how consent is determined to exist.
2. Analyze how the courts have use the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to policy goals.
3. Review the issues of consent in fact and apparent consent.