Date: Thu, 29 Nov 2007 17:13

From: Andrew Tettenborn

Subject: Third party duress and battery

Nice point. Presumably you're thinking of something like this: overbearing boyfriend threatens girlfriend that unless she aborts his baby he'll kill her, she goes to abortionist and asks him to do it, and he does so. I'd rather doubt if we'd hold the abortionist liable there: but why not I'm not quite sure. Possibly she'd be estopped from saying she didn't consent by her request.

Andrew

-----Original Message-----
From: Tsachi Keren-Paz
Sent: Thu 11/29/2007 2:37 PM
Subject: ODG: third party duress and battery

Dear colleagues,

I'm looking for authority or discussion on the question whether duress caused by third party and unknown to the defendant can be considered as vitiating the plaintiff's consent for purposes of the tort of battery. I recall reading an English or Canadian author (or case?, I think it was a casebook/textbook) suggesting that such duress would vitiate consent, but am not able to find it.

I would tend to argue that such duress should vitiate consent and be interested to hear members' views on that point as well.

Any idea?

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