consent

Question 1

definition

Answer 1

Where a person gives permission/ consent to suffer harm or takes
the risk voluntarily and therefore cannot complain of the injury that occurs.

Question 2

3 part test

Answer 2

must be valid
only for common assault
exceptions

Question 3

must be valid consent

Answer 3

must be real- V gave permission (slingsby)
non disclosure of a disease not valid (Dica)
mere submission is not consent (olugboja)

Question 4

only for common assault

Answer 4

not in public interest to harm each other (AGs Ref 6 of 1980)
only assault and battery (Brown)

Question 5

what do exceptions apply to?

Answer 5

only for the common assault part, not the valid part

Question 6

surgery

Answer 6

V suffers a wound that he consents too

Question 7

horseplay

Answer 7

honest belief that v consented to rough play (Jones)
mistaken belief and drunken belief are alloud (Richardson and irwin)

Question 8

contact sports

Answer 8

within the course of play (barnes)
fails if not within the rules (billinghurst)

Question 9

bodily adornment

Answer 9

tattooing (brown)
branding (wilson)

Question 10

social purpose

Answer 10

D can use consent where there is a high risk of injury but its for a social purpose (brown)