Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is a complete defense to intentional interference with the person?

1. Negligence

2. Consent

3. Emotional distress

4. Intentional infliction of harm

The correct answer is: Consent

Consent serves as a complete defense to the tort of intentional interference with the person. When an individual gives their consent to another person to engage in certain conduct, they relinquish their right to claim that they have been wronged by that conduct, even if it may typically be deemed harmful or offensive. For instance, in a medical context, a patient who consents to a procedure cannot later argue that the procedure constituted intentional interference if no other negligent actions occurred. In this scenario, if the person involved voluntarily agrees to participate or allows someone to act in a certain way towards them, they cannot assert a claim for intentional interference regarding that specific action. This principle is fundamental in tort law, emphasizing the role of individual autonomy and the significance placed on informed consent. Other options like negligence, emotional distress, and intentional infliction of harm do not serve as complete defenses in this context. Negligence involves a lack of care leading to unintentional harm, while emotional distress focuses on the psychological impact rather than direct interference. Intentional infliction of harm is itself a tort, meaning that it cannot be used as a defense against claims of interference; rather, it represents an actionable claim. Hence, consent is the only option that fully absolves someone from liability in