Date: Fri, 30 Nov 2007 15:05

From: Robert Stevens

Subject: Third party duress and battery

Quoting Adam Kramer:

I agree with Robert that consent for these purposes must be an objective question (or, which amounts to the same thing, must be a matter of reasonable belief in consent).

They are not the same thing. If I honestly and reasonably believe that you have given me permission to snog you, but the reason for this belief is not your responsibility (e.g. if I have been deceived by a third party as to whether you want a snog) then I am a tortfeasor once I deliver the smacker. You must be responsible for the manifestation of consent, which is what makes the duress case difficult.

In my example of the boxing ring, I am responsible for the impression of consent.

RS

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