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This understanding gains support from the fact that at least certain defenses to battery — which prevent a prima facie case of battery from counting as an actionable wrong, all things considered172 — appear to have relational structure. Consider the apparent consent privilege.173 If a defendant reasonably but mistakenly believes that a plaintiff has consented to some harmful contact, then he will escape liability in battery although the plaintiff did not in fact consent.174 To understand this privilege in relational terms is, on its face, quite natural: It is because A does not treat B wrongfully that she cannot recover from him in these circumstances, although she did not in fact waive her right against being so contacted.

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黄磊,资深行业分析师,长期关注行业前沿动态,擅长深度报道与趋势研判。

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