An individual voluntarily attended a martial arts class where participants were taught and practiced self-defense techniques that involved physical contact. During one session, an instructor demonstrated a technique with the individual as a partner, resulting in a minor injury to the individual’s arm. The individual now claims the instructor committed a tort. Did the individual’s participation in the class constitute consent?
Yes, but if the individual had signed a written waiver before the class.
No, because consent excludes injuries from instructional demonstrations.
No, because injuries arising from physical activities can be actionable.
Yes, because by agreeing to participate, the individual accepted risks inherent in the activity.
The correct answer is based on the principle that consent acts as a defense to intentional tort claims as long as the actions fall within the scope of what the individual agreed to. By voluntarily participating in a martial arts class, the individual implicitly accepted the inherent risks normally associated with such an activity, such as physical contact. This implied consent undermines any claim of tort liability, provided the instructor’s actions were within the scope of expected conduct. The incorrect options either misrepresent the scope of consent, improperly elevate the need for explicit waivers, or misunderstand the nature of liability in physical activities.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is implied consent in legal terms?
Open an interactive chat with Bash
What are the inherent risks associated with martial arts training?
Open an interactive chat with Bash
How does the principle of consent apply to tort law?