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Definition Scope of Consent - the parameters of a plaintiff’s permission, used by a court to analyze a defendant’s claim of privilege, which is a defense in tort and marital tort actions.
Application in Divorce As it applies to divorce, the scope of consent helps determine boundaries between what is within the scope of consent and thus licit and that which is outside it and therefore illicit. For example, a defendant may not use his privilege as a husband in marital tort claiming nonsupport of his wife.
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