Which of the following constitutes a defense to intentional torts?

• A. Negligence
• B. Mistake
• C. Duty
• D. Consent

Answer: (D)

Consent is the defense that defeats an intentional tort because the act is not wrongful if the plaintiff agreed to it. When the plaintiff gives voluntary, informed permission to conduct the conduct in question, there’s no tortious invasion of rights, even if harm results. Examples include medical procedures performed with patient consent or contact sports where participants consent to normal physical contact. The key limits are that consent must be valid: it must be voluntary, informed, and within the scope of what was consented to; it cannot be procured by fraud, coercion, or from someone who lacks capacity, and it cannot cover acts that are illegal or beyond the agreed scope.

Negligence, duty, and mistake aren’t defenses to intentional torts. Negligence and duty relate to different tort theories and elements, not to the lack of wrongfulness for an intentional act. A mistaken belief about consent generally does not negate consent unless it falls within a recognized valid privilege or reasonable belief, which is still a form of consent-related defense rather than a general “mistake” defense.