Alex Geisinger, ‘Does Saying “Yes” Always Make It Right? The Role of Consent in Civil Battery’

ABSTRACT
After hundreds of years of jurisprudence, one would expect that something as basic as the prima facie elements of common-law battery would be well-settled, yet nothing could be further from the truth – especially when it comes to the issue of consent. Indeed, recognizing just how unsettled the law is, the Restatement Third of Torts retreats from the position of earlier Restatements – which made non-consent an element of battery – and takes no position on whether consent should be treated in the prima facie elements or as an affirmative defense. Instead the Restatement Third charges scholars and the courts alike with the task of considering consent’s proper function in battery law …

Geisinger, Alex C, Does Saying ‘Yes’ Always Make It Right? The Role of Consent in Civil Battery (August 23, 2021). UC Davis Law Review, volume 54, no 4, 2021.

First posted 2021-08-28 13:00:44

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