LAW1113 Lecture 3: Week 3 (Defences to the Trespass) - Torts Video Notes
4 Nov 2018
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Week 3 - defences to the trespass to the person. Video 2: consent: a defendant will have a defence against an act which would constitute a trespass to the person in the plaintiff has consented to that act. Form of consent: consent may be express or implied. In the absence of consent in an operation could be battery: consent may also be orally (expressly) Forcible bodily contact is part of afl but such contact is not justified with the usage and rules of the game: to elbow to deliberately hurt that person is not justified. For the defence to be successful the trespass has to occur within the scope of the consent. Video 3: reality of consent: whether the consent is genuine, a number of matters may vitiate consent, threat of physical force, eg. Poi(cid:374)ti(cid:374)g a gu(cid:374) at you a(cid:374)d says you do(cid:374)"t (cid:373)i(cid:374)d if i lo(cid:272)k you i(cid:374) that roo(cid:373) do you.
