In what circumstance can an individual recover damages when an express condition of consent is violated?

Prepare for the Multistate Bar Examination (MBE) with our engaging quiz. Featuring flashcards and multiple choice questions, each with hints and explanations. Get ready to excel!

The correct answer indicates that an individual can recover damages when an express condition of consent is violated only if there is actual harm caused. In tort law, particularly concerning trespass and consent, recovery often hinges on the principle of actual harm. This means that even if consent was violated, the individual would only be able to claim damages if they can demonstrate that the violation resulted in some tangible injury or harm to them.

For example, if someone trespasses on another's property after consent has been explicitly revoked but does not cause any harm or damage, the individual whose rights were violated may not be entitled to recover damages. On the other hand, if the trespass results in harm, such as injury to property or personal distress, then the injured party can seek compensation.

This requirement for actual harm ensures that the legal system does not become overwhelmed by frivolous claims where no real damage occurred. It reflects a balance between protecting personal rights and minimizing unnecessary litigation.

In contrast, the other options would impose different requirements that may not align with the fundamental principles of tort law regarding consent and the necessity of proving harm.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy