Date: Fri, 24 Mar 2006 07:36:00 -0500

From: David Cheifetz

Subject: A Question on Consent

It seems to me that, in some cases, the line between consent and provocation will be very very fine. If provocation can be used to reduce the damages, the judge may be able to fashion an appropriate remedy (or a remedy the judge feels appropriate) - that is, a reduction that the judge feels is the proper amount. Could there be 100% provocation? I shouldn't think so as wouldn't that be tantamount to a consent defence?

David Cheifetz

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