consent

Question 1

note

Answer 1

ITS EITHER CONSENT OR CONTRIBUTORY NEGLIGENCE OR NONE

Question 2

to use consent, C must:

Answer 2

1. knowledge of precise risk involved
2. free choice of C
3. voluntary accepted risk

MUST BE ALL 3

Question 3

consent meaning

Answer 3

claimant accepts a voluntary assumption of risk of harm

Question 4

Smith v baker

Answer 4

worked injured when crane moved rocks over his head and some fell on him

• he had already complained about risks involved, had no choice to continue
• NO CONSENT GIVEN

Question 5

haynes v harwood

Answer 5

• d couldn’t tether his horse, policeman injured trying to restrain animal was not acting voluntarily - he was acting under duty to protect public
• NO CONSENT GIVEN

Question 6

Sidaway v bethlam hospital

Answer 6

• claimant suffered pain, got consent but surgeon didn’t explain less than 1% chance of developing paraplegia, she developed it
• CONSENT GIVEN