LAW 5151 Lecture 1: TORTS I
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Line/matter of law) that judge takes: intentional torts. Restatement, second, of torts 892: (1) consent is willingness in fact for conduct to occur. Consent can be manifested without verbal acknowledgement if there is nothing in the conduct to indicate otherwise, regardless of her unexpressed feelings (o"brien v. Economic effects of if steamship bares onus: great costs to make sure all passengers understand that they are getting vaccinations, more control from employees, training, etc. drive costs for everyone or. Consent is invalidated by fraudulent, deceitful conduct (de may v. roberts: medical physician brought a non-medical person to the house. Even though patient let him in, he touched her (battery). Consent is also invalidated by extreme signs of duress or lack of capacity (intoxicated, minor, mental ability; cannot weigh effects of acts) Consent as a defense should not be used to when individuals engage in illegal activities (when there is a statute prohibiting act), otherwise encourages illegal activities (hart v.
