Question:

Principle: Consent is a good defence in a civil action for tort but the act should be the same for which consent was given.
Facts: 'B' was formally invited by 'A' to his house. 'B' after sitting for some time in drawing room, moved to the bed room of the house. 'A' sued 'B' for trespass.

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Consent must be specific for the act in question. General consent to enter does not extend to all areas of a property.
Updated On: Aug 18, 2025
  • 'B' has interfered with privacy of 'A'.
  • 'B' has committed no trespass as he entered the house with 'A's consent.
  • 'B' has offended 'A' by moving to bed room.
  • 'B' has committed trespass as there was no consent of 'A' for entry in the Bed room.
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The Correct Option is D

Solution and Explanation

Consent is a valid defence in a civil action for tort, but it must be specific to the act. In this case, 'B' was invited by 'A' to enter the house but was not specifically given consent to enter the bed room. Therefore, 'B' has committed trespass.


Option (A) 'B' has interfered with privacy of 'A': This is incorrect as privacy is not the primary issue; trespass is.

Option (B) 'B' has committed no trespass as he entered the house with 'A's consent: This is incorrect because consent to enter the house did not extend to the bed room.

Option (C) 'B' has offended 'A' by moving to bed room: While 'A' may be offended, the primary legal issue is trespass, not offence.
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