Defences to TATP and the Rule in Wilkinson

Question 1

What can Consent not be induced by

Answer 1

A fraud misrepresentation or duress

R v Williams

Question 2

Consent - Adults and Medical practice

Answer 2

Adults of sound mind are capable of consenting

Question 3

Consent - Children and Medical Practice

Answer 3

Children can consent to medical treatment in certain situations

CF Gillick v West Norfolk AHA

Parents may consent on their behalf

Re W

Question 4

Limits to consent

Answer 4

Criminal law places limits on the potential to consent to ABH, uncertain whether these considerations apply in tort.

Question 5

Necessity

Answer 5

Rarely invoked, allows intervention on the basis that it allows the defendant to prevent greater harm

Question 6

Self defence - Proportionality in Tort

Answer 6

Different to criminal law

Ashley v Chief Constable of Sussex

Defendant needs to demonstrate that their conduct was reasonable

Question 7

Self Defence - Excessive Force

Answer 7

Lane v Holloway

Question 8

Self Defence - Proportionate force

Answer 8

Cross v Kirkby

Court also took into account that it happened in the heat of the moment

Question 9

Provication

Answer 9

Not a defence

Lane v Holloway

Question 10

Contributory Negligence

Answer 10

Not applicable to intentional torts

Cooperative Group v Pritchard

Question 11

Lawful Authority

Answer 11

Encompasses power held by the police ect, but also citizens undertaking arrest