i.   Act exceeds the scope of consent – Mohr v. Williams            

P. consented to operation on right ear. D. operated on the left ear instead because it was more diseased. Battery because she did not consent.

ii.   When one is too young or too intoxicated to be reasonable

iii.   When consent is obtained under mistake, duress or fraud

iv.    Sports, when it goes beyond normal hazards

 v.     When act is criminal.  Hudson v. Craft

P. engaged in boxing exhibition and was injured. He sued the promoters. Prizes and prize money were given to the contestants, $5. D’s had no license. Issue: Does consent of the combatants relieve the promoters of a prizefight from liability if the promoter fails to obtain a license to fight? No.  There was a history of boxing regulation in CA. The participants were supposed to be protected from engaging in an unregulated match.

 – There are some things to which a person cannot consent. This is very similar to statutory rape. It presumes that one party is too unreasonable to give their consent.