Consent Flashcards
1
Q
Type of defence
A
Full defence so will remove liability from the D
2
Q
Known
A
The C must have known about the precise risks involved, meaning they have an understanding of the nature of the actual risks
Will fail if the C was not aware, even if they should have been (Morris)
3
Q
Free choice
A
C must have had free choice as to whether or not accept the risk (Smith v Baker)
4
Q
Voluntary
A
the C must have been voluntary when accepting the risk or danger present to them (Haynes)
