LAW1113 Lecture Notes - Lecture 4: Implied Consent, False Imprisonment, Intellectual Disability
Document Summary
Topic 4: defences to trespasses against the person. Distinction between cause of action and defence. The p must demonstrate on the balance of probablities that the elements necessary for the course of action (eg. battery or false imprisonment) have been made out. It is the onus of the defendant to prove that he has a defence. A defendant will have a defence against an act which would constitute a trespass to the person if the plaintiff has consented to that act. Express eg. written document or oral consent. Implied eg. boarding a plane is implied consent to false imprisonment. In order for the defence of consent to operate successfully, it is necessary that the trespass that occurs falls within the scope of that which is consented to (see eg namara v duncan) Durin afl match duncan punched namara, who suffered permanent brain damage and disability.
