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Dora the Deplorer is similar to O

Dora the Deplorer is similar to O - was doing In Dora...

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James Nguyen Torts I 9/29/11 Thursday 6:30pm Dora the Deplorer (2 paragraphs) Dora the Deplorer is similar to O’Brien v. Steamship Co. where there was a movement showing consent. O’Brien had voluntarily raised her arm to the doctor on board, when the doctor approached her. A reasonable doctor would presume that is a showing of consent. In Dora’s case, Pavel allowed himself to be dragged on stage, ending his minor resistance. Dora could reasonable believe that he consented to being taken to the stage because, of he voluntarily allowed himself to be taken up there, instead of kicking and screaming all the way. However, Dora and O’Brien are different, because in O’Brien, there were no evidence showing any signs of resistance. She did not yell, or jerk back. She followed what everyone else
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Unformatted text preview: was doing. In Dora though, there was a sign of resistance in the beginning, where Pavel said “please” and pulled back a little. This could be a sign where Dora knew that there was no consent to be dragged on stage. However, even though Pavel did pull back a little, looking at whether Dora could have reasonable believed that there was no consent, Dora stated “don’t be shy” and Pavel then agreed. Dora, as a professional, is most likely use to having people who are just too modest, or is use to having people slightly with stage fright, and helped them overcame it by encouragement. The court will most likely hold that Dora would still have reasonably believed consent was there, and could escape liability of battery....
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