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IV.A. Consent

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Hart v. Geysel--"The Fatal Prize Fight"
    Original Creator: Jonathan Zittrain
    Should a tort be recognized when both parties agreed to engage in harmful contact?
    Plaintiff died as the result of a blow received in a prize fight with defendant. Plaintiff’s estate sued the defendant for wrongful death.
  2. 2 Show/Hide More Hackbart v. Cincinnati Bengals--"The No-Foul-But-Severe-Harm Case"
    Original Creator: Jonathan Zittrain
    Does the nature of a rough-and-tumble activity like professional football excuse potential tort liability arising from the game?
    Parties were football players on opposing teams. Frustrated with his team’s poor performance, the defendant used his arm to strike plaintiff in the back of the head. No foul was called and both players immediately resumed play without complaint. Soon after, plaintiff discovered that he had a serious neck fracture injury.

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November 06, 2013

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Jonathan Zittrain

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