Consent

Question 1

Expressed consent

Answer 1

To somebody touching you, negatives a battery or false imprisonment. Expressed consent can be withdrawn at any time and only extends as far as long as you hold the consent.

Question 2

Capacity

Answer 2

C must have capacity to consent. If drunk for example; not able to consent.

Question 3

Implied consent

Answer 3

To everyday touching, e.g. F v West Berkshire Area HA

Question 4

Consent and error: Chatterton v Gerson

Answer 4

Consent does not provide a defence if you consent to one thing but the defendant does another.

Question 5

Where is there also implied consent?

Answer 5

In sporting contexts

Question 6

Simms v Leigh Rugby Club

Answer 6

Activities within the “rules of the game”

Question 7

R v Billinghurst

Answer 7

Force “of a kind which could be reasonably expected to happen “during a game””

Question 8

R v Barnes

Answer 8

“In highly competitive sports, conduct outside the rules can be expected to occur in the heat of the moment, and even if the conduct justifies not only being penalised but also a warning or even a sending off, it still may not reach the threshold level required for it to be a battery”