M Civ JI 115.06 Assault and Battery - Defense of Consent by Voluntarily Entering a Mutual Affray

If plaintiff voluntarily engaged in a fight with defendant for the sake of fighting and not as a means of self-defense, then plaintiff may not recover for an assault or battery unless the defendant beat the plaintiff excessively or used unreasonable force.

Comment

See Galbraith v Fleming, 60 Mich 403; 27 NW 581 (1886).

History

M Civ JI 115.06 was added September 1982.