Consent as a Defence
- The defence of consent applies to private wrongs.
- It is available in cases of consent to cause death as well as consent to cause grievous hurt (subject to statutory conditions).
- s.89: Consent on behalf of an infant under 12 or a person of unsound mind can be given by a guardian, subject to restrictions imposed by law.
- s.90 — Invalid consent: Consent is not valid consent if it is given (a) under fear of injury or misconception of fact, (b) by a person of unsound mind, or (c) by a child below 12 years of age.
- Good faith (recap, tested with this topic too): an act done with due care and attention — not merely an honest belief.