Consent

Pronunciation: kun-SENT

Torts › Intent Tort Defenses

Definition

Complete defense to intentional torts when plaintiff expressly or impliedly manifests willingness for defendant's conduct. May be express (words) or implied from conduct, custom, or relationship. Consent must be voluntarily given by one with capacity. Invalid if obtained by fraud, duress, or given by person lacking capacity (minor, mentally incompetent). Defendant's conduct must stay within scope of consent - exceeding scope negates privilege.

Related terms

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• False Imprisonment — Intentional confinement of a person within boundaries fixed by the defendant. Requires: (1) intent to confine, (2) actual…

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