Also known as: effects of consent · consent effect · impact of consent
Written by attorneys · grounded in primary & secondary sources — see below
A principle providing that one who effectively consents to conduct intended to invade his interests cannot recover in tort for that conduct or resulting harm. Consent defeats liability for intentional torts such as trespass to land when the actor remains within the scope of the permission granted. The scope of consent is measured by the reasonable understanding of the actor based on the possessor's manifestations.
Emma Erickson owns a farm and tells Ethan Evans he may use only the north field for crop trials. Evans brings equipment onto the adjacent pasture instead. Because the consent extended only to the north field, Evans's entry onto the pasture exceeds its scope and subjects him to liability for trespass.
Evelyn Ellison and Eric Espinoza play a pickup basketball game. During play Espinoza elbows Ellison causing injury. Because Ellison consented to the physical contact inherent in the game, her consent defeats any battery claim arising from the contact.
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Consent defeats trespass liability only to the extent the actor stays within the scope of the permission granted. When a possessor limits entry to one field and the actor enters another, the entry exceeds the consent and liability attaches.
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Consent without a stated duration is interpreted according to the reasonable understanding of the actor in light of surrounding circumstances such as the stated purpose and public calendars. Entry after an implied temporal limit has passed can still constitute trespass if a jury finds the consent ended.
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