Imagine we erase the first row and first column of . We’ll call
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Pep Guardiola’s wry and serial observation is that only victory makes the head coach appear a sage of the tactical battle. If defeat is endured then, fair or not, it is open season on the man who lives and dies by results.。wps对此有专业解读
That the apparent consent privilege misfires, in such a case and others like it, indicates that the privilege is only a rough proxy for the common moral judgments that it registers. If a plaintiff reasonably appears to consent (but does not in fact consent) to a defendant’s injurious action, it will often be the case that the defendant cannot be accused of any fault. It may also be true that the plaintiff has foreseeably induced in the defendant a mistaken impression that she is aggressing against him, in which case it may be plausible that she waives her right against the resulting injury via some moral mechanism akin to estoppel.176 Where neither is true, the defendant is morally liable to compensate the plaintiff for culpably and foreseeably causing an infringement of her right against being harmfully touched (a right that she has not, in fact, waived or otherwise lost). Presented with facts of this kind, it is difficult to believe that a court would not find a way to reach the same conclusion. And if such facts were to arise with some regularity, it would not be surprising to see the common law devise fictional maneuvers to provide for such recovery as a matter of course.