Date: Thu, 23 Mar 2006 16:08:30

From: Robert Stevens

Subject: A Question on Consent

As we all know the victim's consent will not constitute a defence in cases of a criminal charge of battery where there is actual bodily harm, except in some exceptional cases (eg boxing).

What is the position in tort? Could the 'victims' of the consented to sado-masochistic acts in R v Brown [1994] 1 AC 212 have brought a claim in tort? What if I kill someone, on their request? Does their estate (or their dependents) have a claim?

Not a lot in the books except assertion, perhaps unsurprisingly.

All assistance gratefully received.

Robert Stevens
Barrister
University of Oxford

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