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Defences To Battery Notes

Law Notes > Intentional Torts Notes

This is an extract of our Defences To Battery document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

DEFENCES

TO

BATTERY

*

*

*

*

*

Consent


Lawful

justification


Self--defence

and

Defence

of

Another


o Specific

to

battery


Necessity


Good

Samaritan/Volunteer

14 |

INTENTIONAL

TORTS

DEFENCE:

CONSENT

TO

CONTACT

*

*

*

The

'gist'

of

trespass

is

the

lack

of

consent.


This

means

that,

if

there

is

consent

to

contact,

then

the

act

may

be

lawful


o Consent

is

generally

viewed

as

a

complete

defence

to

battery.


It

is

the

D

that

has

the

burden

of

proving

that

the

P

consented

to

the


tortious

act

ie

the

interference:


o Sibley

v

Milutinaovic

;

Hart

v

Heron;

Platt

v

Nutt


Consent

and

Medical

Treatment:

* Competent

adults


o In

the

absence

of

consent

(or

legal

justification

or

statutory


authorisation)

a

medical

practitioner

may

commit

battery

(even

if


the

procedure

benefits

the

patient);

and

it

is

a

battery

if

the


practitioner

carries

out

a

procedure

that

goes

beyond

the

P's


express

consent.


Rogers

v

Whitaker

* D

operated

on

P's

eye


o did

not

inform

P

of

risk

of

complications

for

other

eye

* In

order

to

give

'real'

consent

for

the

purposes

of

battery

the

person


need

to

be

informed

in

broad

terms

of:


o

the

nature

of

the

physical

contact,


o

its

site


o its

general

purpose


o any

major

risk

associated

with

it.

*

*

*

*

Children:


o Parents

give

consent

to

medical

treatment

for

very

young

children,


but

parental

power

diminishes

as

the

child's

capacity

and

maturity


grow

-

to

consent

the

child

must

understand

nature

of

the


treatment

and

its

consequences,

and

the

concept

of

consent.


Fraud:


o if

D

fraudulently

misrepresents

the

nature

of

the

act,

P

does

not


consent.


Implied

consent:


o see

the

sports

cases,

which

are

based

on

implied

consent.


Doctrine

of

ordinary

exigencies

of

life:


o see

Collins

v

Wilcock:


SS? 'most

of

the

physical

contacts

in

ordinary

life

are

not


actionable

because

they

are

impliedly

consented

to

by

all


who

move

in

society

and

so

expose

themselves

to

the

risk

of


bodily

contact.

So

nobody

can

complain

of

the

jostling


which

is

inevitable

from

his

presence

in,

for

example,

a


supermarket

...'


INTENTIONAL

TORTS

|

15

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