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Zittrain Torts Playlist Spring 2013

O'Brien v. Cunard

Headnote

Should we expect actors to respect the inner wishes of others, even when those desires contradict—or at least fail to be reflected in—external behavior? Plaintiff stood in a vaccination line on a ship. When plaintiff reached the ship’s surgeon, she claimed to have been vaccinated before. However, because no vaccination mark was visible, the surgeon insisted that she be vaccinated again. Plaintiff voluntarily raised her arm to be vaccinated and took a ticket which certified her vaccination and avoid quarantine upon leaving the ship. Nevertheless, the plaintiff’s suit alleged that she did not consent to the vaccination.