Consent Flashcards

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1
Q

Consent

A

Can act to preclude the harm - i.e in rape. if she consents its not rape.
-Or to preclude liability where the harm occured.

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2
Q

R vBoyea [1992]

general position in english law

A

A consensual act maybean asssault if D intends actual bodily harm (or worse) or inadvertently causes abh.

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3
Q

Exceptions :

Oranised sports

A

Brown- confirmed propely organised sports. V could lawfyllyy take the risk of being seriously hurt.
In Barnes [2005] - Lord woolf enphasises if rules of game,
Law com notes that minorit sports such aas Thai Boxing and ffull contact Karate is less secure.

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4
Q

Barnes 2005

A

CA confirmed the category of what is called conventional fouls , the kin dof thing plaers should expect anfd thereby consent to when the participate ina kind of game.

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5
Q

Bradshaw [1878]

A

Said that an act intended to cause injury would be unlawful even if it complied with the rules of the game.

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6
Q

Exceptions- Horse play

A

Aitken- sir force officers amused themselves by setting themselves on fire.- All had consented to this activeity. If njury is intnetionally inflicted the conduct will loseits character as play

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7
Q

Wilson [1997]

A

Law com consultation paper no. 139 - piercings, sec change, contraceptive surgery, therapeuticplastic surgery. are excepted.

Including fearson do it yourself tatoo- wide branded by husband. Circumcission lawful only male

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8
Q

Dica [2004]

A

V can consent to the risk of HIV..

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