9-Step Guided Lesson · ~7 min
Consent
Does the plaintiff's consent bar the plaintiff's claim against the defendant?
這一課問的是：原告的「同意」是否阻卻其對被告的請求？這是侵權法的第一個典型抗辯。
ActorActObjectStandardConsequence
What does this topic ask?
這一課問的是：原告的「同意」是否阻卻其對被告的請求？這是侵權法的第一個典型抗辯。
"Consent" really asks: Does the plaintiff's consent bar the plaintiff's claim against the defendant?
Trigger words:
agreedsaid yessigned waivervoluntarily participated
5 words you must own
Tap a card to flip it.
One exam-ready rule
Consent is a complete defense: a plaintiff who validly consents to the defendant's conduct cannot recover for a tort committed within the scope of that consent.; consent may be express or implied, must be given by a person with capacity to consent, and conduct that exceeds the scope of the consent is not protected.
Five colored parts — always
Actor 行為人
the plaintiff who consents
給予同意之 P
Act 行為
D's contact or entry
D 之接觸或進入
Object 對象
the conduct agreed to
所同意之行為
Standard 法律標準
valid, within scope
有效，範圍內
Consequence 後果
a complete defense
完全抗辯
How courts illustrate this
O'Brien v. Cunard Steamship Co.
Simplified Holding
Where a plaintiff stood in line, observed others being vaccinated, and held out her arm without objection, her conduct manifested implied consent to the vaccination; the defendant's reasonable belief in consent based on outward manifestations is enough.
Why It Matters Here
Consent is judged by outward manifestation, not the plaintiff's hidden state of mind.
同意依外在表現判斷，不問內心。
Where learners slip
有 consent 就表示根本沒有侵權。
Tort elements may still be met; consent is a defense not denial.
侵權要件可能仍滿足；同意是抗辯，不否認要件。
同意了一件事就等於同意了一切。
Consent is bounded by scope.
同意受範圍限制。
Your analysis
Issue
Does P's consent bar P's battery claim when P agreed to spar with D in a boxing match and D struck P within the rules?
Rule
Consent is a complete defense to a tort committed within the scope of the plaintiff's consent.
Application
P agreed to a boxing match with D, and D struck P with an ordinary punch thrown within the rules. Because consent is a complete defense to , the fact that P agreed to exactly the kind of contact a boxing match involves means .
Conclusion
Therefore, P's consent bars the battery claim.
Quick multiple-choice check
P agreed to a boxing match. D, P's opponent, kept striking P after P fell unconscious. Has D exceeded the scope of consent?
Lock it in
Tap the chips in the right order: