Hudson v. Craft

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Hudson v. Craft
Seal of the Supreme Court of California.svg
Decided March 22, 1949
Full case nameGuy C. Hudson, a Minor, etc., et al., Appellants, v. Orville Craft, et al., Respondents.
Citation(s)33 Cal.2d 654; 204 P.2d 1
Holding
It is not possible for an individual to consent to an unlawful act or deliberate harm. Judgement reversed.
Court membership
Chief Justice Phil S. Gibson
Associate Justices John W. Shenk, Douglas L. Edmonds, Jesse W. Carter, Roger J. Traynor, B. Rey Schauer, Homer R. Spence
Case opinions
MajorityCarter, joined by Gibson, Shenk, Traynor, Schauer, Spence
ConcurrenceEdmonds

Hudson v. Craft (33 Cal.2d 654, 1949) is a United States court case defining how the court defines consent as a defense to an intentional harm. [1]

Contents

Facts of the Case

The Defendants were conducting a carnival where one of the concessions was a boxing exhibition, which was conducted in violation of statutory provisions, distributed prizes and prize money to the contestants, and no license had been issued. [2] The Plaintiff engaged in a boxing match after being solicited by the Defendants and thereby consented to the contest.

Ruling

The central holding was that an individual cannot consent to an illegal act. Therefore, regardless of whether or not the two individual fighters consented, the promoter could still be held liable for damages.

The court did not make a direct ruling to the suit between the two boxers.

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References

  1. California (State). California. Court of Appeal (1st Appellate District). Records and Briefs: 4CIV19157, Respondent Brief. p. 9.
  2. Landes, William M.; Posner, Richard A. (1981-12-01). "An economic theory of intentional torts". International Review of Law and Economics. 1 (2): 127–154. doi:10.1016/0144-8188(81)90012-0. ISSN   0144-8188.