Defence of Consent Example Watch

x7gardind
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Where two people are engaged in a concensual act, and one got distracted and left the other, during this period the person got harmed as a direct result of the act. Is there a separate defence or area of law for such scenarios?
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Mr_Deeds
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I'm not sure I understand your question OP. Are we talking about an illegal act like a joint enterprise? Or just some other inherently dangerous activity? As a general rule, you can't be liable for an ommission and in the former example the defence of ex turpi causa non oritur actio would prevent a claim. Those engaged in a criminal activity do not owe their accomplices a duty of care. But again, this raises the question as to whether or not your question is asked in a civil or criminal law context.
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x7gardind
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(Original post by Mr_Deeds)
I'm not sure I understand your question OP. Are we talking about an illegal act like a joint enterprise? Or just some other inherently dangerous activity? As a general rule, you can't be liable for an ommission and in the former example the defence of ex turpi causa non oritur actio would prevent a claim. Those engaged in a criminal activity do not owe their accomplices a duty of care. But again, this raises the question as to whether or not your question is asked in a civil or criminal law context.
Ahh yes, upon re-reading the question it's all alot clearer. On a completely separate point I don't suppose in your infinite wisdom you know of any useful articles that present a good point for and against the element of consideration in contract?
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Mr_Deeds
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(Original post by x7gardind)
Ahh yes, upon re-reading the question it's all alot clearer. On a completely separate point I don't suppose in your infinite wisdom you know of any useful articles that present a good point for and against the element of consideration in contract?
Or lack thereof.

Atiyah: "Consideration: A Restatement" and there are quite a few good articles by Posner too; particularly on gratuitous promises/an economic analysis of the law of consideration. Failing that, and as always, I highly recommend Mckendrick's textbook on contract law. :yep:
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thisisyesterday
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(Original post by Mr_Deeds)
Or lack thereof.

Atiyah: "Consideration: A Restatement" and there are quite a few good articles by Posner too; particularly on gratuitous promises/an economic analysis of the law of consideration. Failing that, and as always, I highly recommend Mckendrick's textbook on contract law.
Yayy for McKendrick :cool:
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