40-year-old man, Paul, joined a Karate Center where he was verbally informed prior to signing a contract that there were risks involved in training. Before he signed the contract, he was requested to verbally agree that he would not sue Master Chung for any injuries he could possible sustain during his training. Paul accepted the risks and signed the contract. Two months after training, Paul decided he wanted to participate in the sparring classes. Prior to beginning his first sparring lesson, Paul witnessed at least two students sustain minor injuries during their respective sparring sessions. Unfortunately, Paul was struck in his chest during his first sparring lesson and subsequently went into cardiac arrest. The paramedics were able to revive Paul but not before they could prevent the subsequent brain damage suffered from a loss of oxygen supplied to the cerebrum during the cardiac arrest. Paul is suing Linda for battery.
RULE: Battery is defined as “An intentional, UNCONSENTED contact with another.”
CONCLUSION: Paul voluntary chose to “spar” against Linda. He was warned of the risks and even witnessed two students sustain minor injuries during their respective sparring sessions. Paul did not expressly grant consent to Linda to punch him in a manner that would cause him to go into cardiac arrest. However, by consenting to “spar” with Linda, it is certainly reasonable to believe that Paul implicitly granted consent to suffering all the subsequent consequences that sparring could entail. Judgement will therefore be found in favor of the defendant.