Consent (General)

Question 1

Brown

Answer 1

One cannot consent to harm greater than ABH, except in special cases such as contact sports

Question 2

Dica

Answer 2

One can apparently consent to the risk of harm but not the harm itself, especially if one has a good reason.

Question 3

Konzani

Answer 3

In cases where D has sex with V knowing that he suffers from HIV, D must disclose his HIV-positive status to V before V can be deemed to have consented to the risk of transmission as per Dica

Question 4

Barnes

Answer 4

For public policy, players of contact sports are deemed to have impliedly consented to injuries sustained in the course of that sport UNLESS D’s wrongdoing is sufficiently grave as to be considered criminal and whether this threshold has been reached is an objective question

Question 5

Bradford

Answer 5

If an act intended to cause serious injury is done in the course of contact sports it will be illegal even if it complies with the rules of the game

Question 6

H v CPS

Answer 6

There must be strong policy reasons for applying the doctrine of implied consent and there were none here; thus a teacher who works at a special needs school does not impliedly consent to the risk of some harm at the hands of the pupils

Question 7

Richardson

Answer 7

Only a mistaken belief as to the identity of D would vitiate fraud and not a mistake as to D’s qualifications or attributes

Question 8

Tabbassum

Answer 8

V’s consent will be vitiated if V only consented to an act of a certain quality and the act was in fact of such a fundamentally different quality that it rendered V’s consent irrelevant because D consented to the nature of the act but not its quality