Consent

Question 1

Consent definition

Answer 1

Willingness to enter an act

Question 2

Consent Rules

Answer 2

● Consent MUST be knowingly and voluntarily given
● Expressed consent obtained by fraud/trickery/or misrepresentation from party ≠ consent
● Person seeking consent must reveal all facts critical/material for one giving consent
● Fraud to collateral matter = consent
● Consent under fraud & deceit is not consent

Question 3

Apparent Consent

Answer 3

Apparent: surrounding circumstances

● When a person’s words, acts, silence or inaction would be understood by the reasonable
person as intending to give consent and is in fact so understood by the person doing the
act resulting in contact
● Most court will deny P’s right to recovery under a theory of apparent consent
● An apparent but unreasonable belief that a person is consenting to a contact does not
constitute apparent consent

Question 4

Implied consent

Answer 4

Implied: presumed consent

● D knows P does not actually consent, but reasonably believes P would have consented if
asked to consent
○ An emergency
○ To protect

Question 5

Actual consent

Answer 5

Actual: expressed

● Actual consent may be expressed by acts, words, inaction, or silence when the
circumstances or other evidence establish intent to give consent
● A willingness in fact for the contact of another to occur
● A complete defense to an intentional tort
● Permission orally or through writing
● “I’m challenging you to a fight” then you lose, no liability because you consented to the
fight