Which doctrine allows a defendant to avoid liability if consent is presumed based on social norms?

The concept of presumed consent is pivotal in tort law, particularly when addressing situations where an individual's agreement to a particular action may not be explicitly stated but is inferred from their participation or the context of the interaction. This doctrine operates on the understanding that certain social norms and customs imply consent based on typical behavior within a given scenario.

In many social situations, individuals consent to minor contacts or actions by their presence or engagement in that activity. For instance, when someone attends a sporting event, they may be presumed to consent to minor physical contact that can occur during the game, such as being jostled by other spectators or players. In these cases, not having explicit verbal consent does not prevent the defendant from avoiding liability, as societal expectations allow for such actions.

While actual consent is about explicit agreement, apparent consent deals with consent that can be reasonably inferred from a person's actions or circumstances, but it requires some visible indication of that consent. Informed consent typically refers to situations where a party is fully aware of the risks involved and consents to something after being educated about it, such as in medical procedures. Presumed consent, however, specifically addresses situations where the law acknowledges consent based on the recognition of societal norms without needing explicit affirmation from the individual. Thus,