What must a defendant have in order to justify conduct without actual or apparent consent under presumed consent?

The correct choice is based on the concept of presumed consent in tort law, particularly in scenarios where a defendant's conduct may be justified despite the absence of actual or apparent consent from the plaintiff. In such situations, the focus is on whether social norms and expectations within the specific context support the defendant's actions as being acceptable.

When determining whether the defendant's conduct can be justified under presumed consent, it is essential to evaluate the setting in which the conduct took place. If social norms suggest that the conduct is customary and acceptable in similar circumstances, it can create an implicit understanding that consent is present. For instance, in certain public settings or during routine activities, individuals may implicitly consent to conduct that is typically expected, such as minor physical contact in crowded spaces.

This perspective allows defendants to engage in actions that would conventionally lack explicit consent if those actions align with social expectations and norms recognized in that situation. Thus, understanding social norms is crucial in assessing whether consent can be presumed, making this the correct answer.