Consent Flashcards
(7 cards)
When is consent considered valid?
When it is objectively manifested (express or implied) or imposed by law
What can invalidate manifestations of consent?
The following circumstances:
* The defendant has actual knowledge that the plaintiff does not consent
* The plaintiff lacks capacity to consent
* The defendant acts beyond the scope of consent granted by the plaintiff
* The purported consent is induced by fraud
* The purported consent is induced by physical threat
* The act the plaintiff purportedly consents to is criminal in that jurisdiction
True or False: Consent is valid if the plaintiff lacks capacity to consent.
False
Fill in the blank: Consent can be _______ or implied.
[express]
What happens if the defendant acts beyond the scope of consent?
The consent is invalidated
What is one way consent can be induced that invalidates it?
Fraud
What is the traditional majority rule regarding criminal acts and consent?
The act must not be criminal in that jurisdiction for consent to be valid