Fundamental Principles of Intentional Torts and Protected Interests
When analyzing intentional torts, it is crucial to identify the specific interest that each individual tort is designed to protect.
Case Study: The Tort of Battery
- The tort of battery serves to protect the plaintiff's personal interest in freedom from unpermitted harmful or offensive contacts.
- The adjective "unpermitted" is of primary importance; it indicates that the lack of permission is a defining element of the interest itself.
Relinquishment of Rights: Because the interest is predicated on a lack of permission, a plaintiff has the legal autonomy to give up this interest by permitting the contact. Broadly speaking, the law allows individuals to voluntarily relinquish the rights that are otherwise protected by the framework of intentional torts.
The Legal Definition and Procedural Function of Consent
Definition of Consent: Consent is defined as an actual or implied willingness that a specific act should occur.
Legal Function: Consent functions as a complete defense to all intentional torts.
Procedural Impact: If established, the defense of consent will successfully defeat the plaintiff's claim, absolving the defendant of liability.
The Two Categories of Consent:
- Expressed Consent: Consent communicated directly through words.
- Implied Consent: Consent inferred from conduct or surrounding circumstances.
Expressed Consent and the Boundaries of Scope
Definition: Expressed consent occurs in situations where a plaintiff explicitly articulates their willingness for an act to take place.
Verbatim Examples of Expressed Consent:
- A plaintiff saying to a defendant: "Of course, you can hug me."
- A plaintiff saying to a defendant: "You're welcome to use my cabin on Saturday."
The Concept of Scope:
- In the context of expressed consent, the plaintiff has the authority to place specific limits on its scope.
- Legal Liability for Exceeding Scope: If a defendant acts in a manner that exceeds the limits set by the plaintiff, the defendant is considered liable for a tort.
Illustrative Scenario of Scope (Trespass to Property):
- A defendant is granted express permission to use a cabin on a specific day (Saturday).
- If the defendant guest remains at the cabin past the duration of the permit (11:59PM on that specific Saturday), they have exceeded the scope of the consent.
- Consequences: At that precise moment, the defendant guest loses their permitted status and immediately becomes a trespasser.
Implied Consent: Conduct-Based Willingness
Definition: Implied consent is not directly stated but is instead suggested by the plaintiff's conduct or the specific circumstances of the situation.
Prevalence: Implied consent is identified as the more common type of consent in legal disputes.
Leading Case Law: The application and nuances of implied consent are further examined in the legal case of O'Brien versus Kunard.