Consent Flashcards

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1
Q

Type of defence

A

Full defence so will remove liability from the D

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2
Q

Known

A

The C must have known about the precise risks involved, meaning they have an understanding of the nature of the actual risks
Will fail if the C was not aware, even if they should have been (Morris)

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3
Q

Free choice

A

C must have had free choice as to whether or not accept the risk (Smith v Baker)

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4
Q

Voluntary

A

the C must have been voluntary when accepting the risk or danger present to them (Haynes)

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