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The defence of consent struggles to balance the needs of the individual with the constraints necessary in a
modern society to a fairly large extent. It can be argued that while the law tries to uphold public policy and
the needs of wider society, it doesn't take into account the…

Page 2

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Final element to succeed the defence of consent is that the consent must be fully informed. The victim must
have all the facts before consenting and uninformed consent mean the victim is not aware of all the details.
One of the cases which explored the `nature and quality' of an…

Page 3

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In regard to surgery, the patient must consent to surgery (Corbett v Corbett). If the surgery is conducted
without a just cause or excuse, tis always unlawful even if consented to (Bravery v Bravery). Clearly where the
surgery is needed to save a patient's life or improve the patient's health…

Page 4

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high extent as it demonstrates how there is no balance of the needs of the individual with the constraints
needed to fulfil the needs of wider society.

The issue of a spread of a disease was a particular concern for the Lords although following Dica a fully
informed individual can…

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