Crucial Exams

Multistate Bar Examination Practice Question

During a pick-up basketball game at a public park, a player aggressively punches another player in the face after a disagreement over a foul call. The injured player later sues the aggressor for battery. The aggressor argues that the injured player had consented to physical contact by participating in the game. Which of the following is most relevant in determining whether the defense of consent is valid?

  • Whether the physical contact was within the scope of what is reasonably expected in a basketball game.

  • Whether the injured player had explicitly stated an objection to being punched during the game.

  • Whether other players had engaged in similar acts of aggression during the game.

  • Whether the injured player had signed a waiver prior to participating in the game.

Multistate Bar Examination
Torts
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