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intentional torts: privileges
defenses
4
Law
Graduate
12/08/2007
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Term

 

 

 

 

 

Consent 

 Definition
  1. express: based on outward manifestations

2. implied by fact: based on reasonable understanding of non-verbal communication

 3. implied by law: based on circumstance

 

 
Term

 

 

 

 

implied consent 

 Definition

 

 

 

•Factors of implication: parties past behavior and relationship, surrounding circumstances, custom and public use.
–Implied consent in surgery for medical emergencies or serious injury- finder of facts
Term

 

 

 

 

exceptions to consent 

 Definition
  • –No consent by fraud or duress, exceed the scope, substantial and relative mistake
  • Minors, drunks, and mentally incompetent individuals do not have capacity to give consent, parents should do so unless, there is not time to seek consent.
  • adults can refuse treatment
  • –intentionally violation the safety rules of the game and is not sanctioned by the game customs, liability can be imposed.
  • –Consent to a criminal action will not transfer to a civil action (fighting and battery) in a majority. In a minority, consent in a criminal action transfers and bars recovery in civil suits.
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