Defenses To International Torts

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Which of the following scenarios illustrates valid and express consent to an act that would otherwise be actionable as an intentional tort?

(A)   Stage magician Gethsemane asks the audience for a volunteer to lie down inside a dark wooden coffin and have the lid lowered. Volunteer Victor gets into the coffin and leaps out instantly, having discovered that the bottom of the coffin is lined with spikes. Victor brings an action against Gethsemane for battery.

(B)   Bodybuilder Jean, proud of her abdominal muscles, invites Ralph to swing back and punch her with all his might. Ralph does so. Jean is for the most part unharmed, although the punch leaves her out of breath and a little sore for a few minutes. Jean brings an action against Ralph for battery.
(C)   Nurse Nottingham comes to office worker Dilbert’s cubicle and asks Dilbert if he wants to be vaccinated against influenza. Dilbert, wearing a T-shirt and talking on the phone, raises his left arm. Nottingham infers that Dilbert has consented, and injects him. It turns out that Dilbert did not want to be vaccinated. Dilbert brings an action against Nottingham for battery.

(D)   Easley is a commercial cultivator of roses. A path through some of his plants, on his property, has become a kind of informal shortcut for children headed from middle school to a soccer field. Easley has long been aware of this entry into his land, and never stopped the children from taking this shortcut. Easley now brings  an action against the children for trespass to land.

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