What is the first step to determine consent in tort cases?

In tort cases, determining consent is crucial, particularly in contexts such as battery or other forms of assault. The first step in assessing consent involves examining whether the plaintiff had the capacity to consent. This means evaluating if the individual was competent to give informed consent at the time the alleged tort occurred.

Capacity is essential because certain individuals, such as minors or those deemed mentally incompetent, may lack the ability to give legal consent. If a person does not have the capacity to consent, any supposed consent they gave may be invalid. This foundational aspect of capacity directly influences the nature of the consent and ultimately affects liability in tort cases, as it underscores the significance of voluntary and informed agreement in establishing consent.

Other options, while potentially relevant in a broader context, do not serve as the initiating step in the analysis of consent. Reporting an incident pertains more to the response after an event, while physical injury relates to the tort itself rather than the consent question. Offering compensation may reflect acknowledgment of harm but does not address whether proper consent was given initially. Therefore, understanding capacity is the most critical first step in assessing whether consent was valid in tort cases.