Welcome to the MedLibrary.org Wikipedia Supplement on Consent -- Please Click to Return to Front Page

Tort law

Part of the common law series

Intentional torts

Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED) Consent · Necessity Self defense

Property torts

Trespass (land · chattels) Conversion Detinue · Replevin · Trover

Dignitary torts

Defamation · Invasion of privacy False light · Breach of confidence Abuse of process Malicious prosecution Alienation of affections

Economic torts

Fraud · Tortious interference Conspiracy · Restraint of trade

Nuisance

Public nuisance Rylands v. Fletcher

Negligence

Duty of care · Standard of care Proximate cause · Res ipsa loquitur Calculus of negligence Rescue doctrine · Duty to rescue

Specific types Negligent infliction of emotional distress (NIED) Employment-related · Entrustment Malpractice (legal · medical)

Duty to visitors

Trespassers · Licensees · Invitees Attractive nuisance

Strict liability torts

Product liability Ultrahazardous activity

Liability, defences, remedies

Comparative / contributory negligence Last clear chance · Eggshell skull Vicarious liability · Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage · Damages Injunction

Other common law areas

Contract law · Property law Wills, trusts and estates Criminal law · Evidence

v • d • e

Consent as a term of jurisprudence is a possible defence (an excuse or justification) against civil or criminal liability. Defendants who use this defense are arguing that they should not be held liable for a tort or a crime, since the actions in question were taken with the plaintiff or "victim's" consent and permission.

For cases such as rape that involve the criminal law, see consent (criminal).

Tort

For example, if the plaintiff signs a document stating that he or she is aware of the hazards of paintball, and that individual is then injured playing the game, the express consent given in advance may excuse the person who shot the plaintiff. In English law, the principle of volenti non fit injuria applies not only to participants in sport, but also to spectators and to any others who willingly engage in activities where there is a risk of injury. Consent has also been used as a defense in cases involving accidental deaths, which occur during sexual bondage. Time (May 23, 1988) referred to this latter example, as the "rough-sex defense" but it is not effective in English law when serious injury or death results.

Medicine

See also: informed consent

The question of consent is important in medical law. For example, a surgeon may be liable in trespass (battery) if they do not obtain consent for a procedure. There are exemptions, such as when the patient is unable to give consent.

Also, a surgeon must explain the significant risks of a procedure (those that might change the patient's mind about whether or not to have it) before the patient can give binding consent. This was explored in Australia in Rogers v. Whitaker (1992) 175 CLR 479. If a surgeon does not explain a material risk that subsequently eventuates, then that is considered negligent.^[1] These material risks include the loss of chance of a better result if a more experienced surgeon had performed the procedure^[2].

See also

• Consent of the governed
• Assumption of risk
• Volenti non fit injuria
• Implied consent

References

Wikipedia content modification information:

• This page was last modified on 29 September 2008, at 07:59.

Wikipedia Authorship and Review

Wikipedia content provided here is not reviewed directly by MedLibrary.org. Wikipedia content is authored by an open community of volunteers and is not produced by or in any way affiliated with MedLibrary.org.

Wikipedia Usage Guidelines

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article on "Consent".

The URL for this specific entry is:

• http://medlibrary.org/medwiki/Consent

All Wikipedia text is available under the terms of the GNU Free Documentation License. (See Copyrights for details). Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc.