Justin Recently Came into Physical Contact with Sophie

question 61

Multiple Choice

Justin recently came into physical contact with Sophie.As a result, she has sued him for the tort of battery.With respect to the defence of consent, which of the following statements is most likely to be TRUE?

• A)If the physical contact consisted of sexual intercourse, Justin will be held liable unless he proves consent, even if he and Sophie were married at the time of the event.
• B)If the physical contact consisted of life-saving surgery, Justin cannot be held liable, even if Sophie refused to consent to the operation, because the law holds that life is always sacred.
• C)If the physical contact consisted of rough play during a soccer match, Justin cannot possibly be held liable as long as Sophie freely chose to participate in the game.
• D)If the physical contact consisted of medical treatment, Justin cannot be held liable as long as most reasonable people in Sophie's position would have consented to the procedure.
• E)Because the law considers freedom of choice to be of the utmost importance, Justin can escape liability on the basis of the defence of consent only if Sophie expressly agreed to accept the physical and legal risks associated with the circumstances.

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Definitions:

Closed-Ended Questions

Questions formulated to elicit a specific, limited response, often "yes" or "no."

Dual-Process Model

A theory that suggests there are two distinct systems in the brain for processing information: one that is fast, automatic, and emotional, and another that is slower, more deliberate, and logical.

Stressors

External pressures or events that cause stress, challenging an individual's ability to cope.

Mourning

is the process of experiencing and expressing grief after the loss of a loved one.