Consent

Question 1

Circumstances indicate that consent has been given notwithstanding any unexpressed feelings

Answer 1

Apparent Consent

Question 2

May arise as a result of a medical emergency where there is no time to obtain actual consent
If written consent is provided, should include right to act in an emergency

Answer 2

Implied Consent

Question 3

Split of authority on whether plaintiff may consent to criminal act
Better view is that consent is a defense to a tort action but not a criminal action, unless law is designed to protect class of persons.

Answer 3

Consent and Criminal Acts

Question 4

No defense if consent procured by fraud or negligently– if P’s mistake is sufficiently material to the grant of consent and defendant knows plaintiff is mistaken
No defense if consent procured under threat of physical force but may consent even where economic duress
No defense if both P and D are mistaken

Answer 4

Consent and Mistake

Question 5

Must have capacity to give consent:
Must appreciate nature, extent and probable consequences of conduct to which consent given
May be manifested by words, affirmative action, silence or inaction under circumstances where the latter show consent
Defense limited to scope of consent given,

Answer 5

Consent in Fact

Question 6

Consent is not a defense if duress in the form of a threat to person or property or that of family members.
Consent generally is a defense to economic duress

Answer 6

Consent and Duress