Question

Aaron is the punter on his high school football team. Biff, one of the players on the opposing team, runs into Aaron as he is punting the ball. Aaron is injured. Biff’s team is penalized 15 yards for roughing the kicker. Which of the following most accurately states the likely outcome if Aaron sues Biff in the tort of battery?

Options

• Aaron’s action will fail because he must be taken to have consented to physical contact, even rough physical contact, by agreeing to play football

• Aaron’s action will succeed because Biff’s contact with him was forbidden by the rules of the game

• Although Biff’s contact with Aaron was outside the rules of the game, Aaron must be taken to have consented to it because it was within the range of ordinary contact to be expected in a game

• Aaron’s action will succeed because he did not consent to contact that was not permitted by the rules of the game

Answer 1

Although Biff’s contact with Aaron was outside the rules of the game, Aaron must be taken to have consented to it because it was within the range of ordinary contact to be expected in a game