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Consent
 
 
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Consent as a term of jurisprudence is a possible defence (an excuse
Excuse

In jurisprudence, an excuse or justification is a form of immunity that must be distinguished from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability....
 or justification) against civil or criminal liability. Defendant
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
s who use this defense
Defense (legal)

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability....
 are arguing that they should not be held liable
Liability

In the most general sense, a liability is anything that is a wikt:hindrance, or puts individuals at a disadvantage. It can also be used as a slang term to describe someone that puts a team or group of which they are a member at a disadvantage, and would thus be better off without....
 for a tort
Tort

Tort law is the name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is liability, or "liable," for those injuries....
 or a crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
, since the action
Action (philosophy)

In philosophy, action has developed into a sub-field called philosophy of action. Action is what an Agency can do.For example, throwing a ball is an instance of action; it involves an intention, a goal, and a bodily movement guided by the agent....
s in question were taken with the plaintiff or "victim's" consent and permission.

Consent can be either express or implied. For example, participation in a contact sport usually implies consent to contact by other participants, at least as long as that contact is permitted by the rules of that sport.

For cases such as rape
Rape

Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent....
 that involve the criminal law
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
, see consent (criminal)
Consent (criminal)

In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. For a more general discussion, see Dennis J....
.

person signs
Signature

A signature is a handwritten depiction of someone's name, nickname or even a simple "X" that a person writes on documents as a legal proof of Identity and intent....
 a document
Document

A document is a bounded physical representation of body of information designed with the capacity to communication. A document may manifest symbolic, diagrammatic or sensory-representational information....
 stating that he or she is aware of the hazards of an activity, and that individual is then injured during that activity, the express consent given in advance may excuse another person who caused an injury to that person.

In English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
, the principle of volenti non fit injuria
Volenti non fit injuria

Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm does in fact happen....
 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.






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Consent as a term of jurisprudence is a possible defence (an excuse
Excuse

In jurisprudence, an excuse or justification is a form of immunity that must be distinguished from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability....
 or justification) against civil or criminal liability. Defendant
Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally indictment or accused of violating a crime statute....
s who use this defense
Defense (legal)

In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability....
 are arguing that they should not be held liable
Liability

In the most general sense, a liability is anything that is a wikt:hindrance, or puts individuals at a disadvantage. It can also be used as a slang term to describe someone that puts a team or group of which they are a member at a disadvantage, and would thus be better off without....
 for a tort
Tort

Tort law is the name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is liability, or "liable," for those injuries....
 or a crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
, since the action
Action (philosophy)

In philosophy, action has developed into a sub-field called philosophy of action. Action is what an Agency can do.For example, throwing a ball is an instance of action; it involves an intention, a goal, and a bodily movement guided by the agent....
s in question were taken with the plaintiff or "victim's" consent and permission.

Consent can be either express or implied. For example, participation in a contact sport usually implies consent to contact by other participants, at least as long as that contact is permitted by the rules of that sport.

For cases such as rape
Rape

Rape, also referred to as sexual assault, is an assault by a person involving sexual intercourse with or sexual penetration of another person without that person's consent....
 that involve the criminal law
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
, see consent (criminal)
Consent (criminal)

In the criminal law, consent may be an excuse and prevent the defendant from incurring liability for what was done. For a more general discussion, see Dennis J....
.

Tort

If a person signs
Signature

A signature is a handwritten depiction of someone's name, nickname or even a simple "X" that a person writes on documents as a legal proof of Identity and intent....
 a document
Document

A document is a bounded physical representation of body of information designed with the capacity to communication. A document may manifest symbolic, diagrammatic or sensory-representational information....
 stating that he or she is aware of the hazards of an activity, and that individual is then injured during that activity, the express consent given in advance may excuse another person who caused an injury to that person.

In English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
, the principle of volenti non fit injuria
Volenti non fit injuria

Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm does in fact happen....
 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
Bondage (BDSM)

In the context of BDSM, bondage involves people being tied up or otherwise restrained for pleasure. Bondage is usually, but not always, a human sexual behavior....
. 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


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. These material risks include the loss of chance of a better result if a more experienced surgeon had performed the procedure.

See also

  • Assumption of risk
    Assumption of risk

    Assumption of risk is a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time of his injury....
  • Consent of the governed
    Consent of the governed

    "Consent of the governed" is a political philosophy stating that a government's political legitimacy and moral right to use state power are, or ought to be, derived from the people or society over which that power is exercised....
  • Implied consent
    Implied consent

    Implied consent is a form of consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation ....
  • Volenti non fit injuria
    Volenti non fit injuria

    Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm does in fact happen....