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 other players had engaged in similar acts of aggression during the game.
Whether the injured player had explicitly stated an objection to being punched during the game.
Whether the physical contact was within the scope of what is reasonably expected in a basketball game.
Whether the injured player had signed a waiver prior to participating in the game.
The correct answer is based on the principle that consent to participate in an activity with inherent physical contact does not extend to intentional acts of violence that go beyond the scope of the consent given. While participation in a sport like basketball generally implies consent to physical contact incidental to the game, a punch to the face is not reasonably expected within the scope of such consent. Other answers incorrectly focus on factors that are less relevant to evaluating the defense of consent in this specific context.
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What does it mean for a physical contact to be within the scope of a basketball game?
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