Principle Consent is a good defence in a civil action for tort but the act should be the same for wh...........

Legal Concepts Law of Torts

Principle : Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.

Facts : 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' sued 'B' for trespass.

'B' has interfered with privacy of 'A'.

'B' has committed no trespass as he entered the house with 'A's consent.

'B' has offended 'A' by moving to bed room.

'B' has committed trespass as there was no consent of 'A' for entry in the Bed room.

Explanation:

The factual situation clarifies that B was invited by A for dinner. The principle says that consent and purpose goes hand in hand. In this situation a dinner invitation does not imply a permission to enter the bedroom of the host, hence the tort of trespass has taken place. 'B' has committed trespass as there was no consent of 'A' for entry in the Bed room.