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Question
Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Fact: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bedroom of the house. 'A' sued 'B' for trespass.
Options
'B' has offended 'A' by moving to bedroom.
'B' has interfered with privacy of 'A'
'B' has committed trespass as there was no consent of 'A' for entry in the Bedroom.
'B' has committed no trespass as he entered the house with 'A's consent.
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Solution
'B' has committed trespass as there was no consent of 'A' for entry in the Bedroom.
Explanation:
In trespass, the interference with the possession is direct and through some tangible object. The reasonable conclusion is drawn that B has committed trespass as there was no consent of A for entry in the Bedroom. Hence "'B' has committed trespass as there was no consent of 'A' for entry in the Bed room." correct.
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