“CONSENT” DEFINED According to Section 13‚ “two or more persons are said to be consented when they agree upon the same thing in the same sense.” (Consensus-ad-idem) “FREE CONSENT” DEFINED Under Section 14‚ Consent is said to be free when it is not caused by 1. coercion‚ as defined in section 15‚ or 2. undue influence‚ as defined in section 16‚ or 3. fraud‚ as defined in section 17‚ or 4. misrepresentation‚ as defined in section 18‚ or 5. mistake‚ subject to the provisions
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FREE CONSENT Meaning * Agreement or act of assenting to an offer * No consent no contract Free Consent – Consent is said to free when it is not caused by * Coercion * Undue influence * Fraud * Misrepresentation * Mistake Flaw in consent * Coercion When person compelled to enter into contract by use of force by other party Coercion is the committing or threatening to commit any act forbidden by Indian Penal Code 1860 or unlawful detaining
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Answer: FREE CONSENT * Meaning of consent: it means an act of assenting to an offer. According to section 13‚ "Tow or more persons are said to consent when they agree upon the same thing in the same thing in same sense." Thus‚ consent involves identity of minds in respect of the subject matter of the contract. In English Law‚ this is called ’consensus-ad-idem’. * Effect of Absence of consent: When there is no consent at all‚ the agreement is void ab-initio‚ i.e. it is not enforceable
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Consent is a voluntary agreement‚ permission or compliance. During examination of a case of sexual abuse‚ the police need to be informed and consent is a must. Consent for medical examination may be obtained from the child if he/she is more than 12 years of age but if it is not so then from parents or relatives and if they are not available then local guardian such as school teacher. Consent is also required for evidence collection‚ treatment‚ photography‚ police intimation apart from examination
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is how the United States should be based on. After I read this book‚ I realized that freedom and individual responsibility walk together and you cannot separate them. These two topics‚ freedom and individual responsibility‚ are really important when analyzing the importance of ethics. Starting with freedom‚ I realized after reading the book that without freedom‚ our society would not work in the same way that it works right now. An individual must have the freedom to choose what he wants for his
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Consent Consent is to authorize‚ approve or to permit for a medical professional to proceed with a treatment or health care. Consent has become a very important issues in the modern health care and‚ was noted earlier everyone’s right to refuse any medical treatment is now enshrined in the New Zealand Bill of Rights Act 1990 (Burgess. M‚ 2008). In Code of Health and Disability service consumer’s rights shows on right 7‚ that services may be provided to a consumer only if that consumer makes an
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Explain and illustrate Lockes universal consent argument. One account Locke unambiguously rejected from the outset is the supposition that human knowledge is innately inscribed. Noting the remarkably wide-spread agreement of individual human beings in their acceptance of both speculative and practical principles‚ the innatist argues that universal consent implies an innate origin. Locke’s response was two-fold: He denied the supposed fact of universal consent‚ supposing this to demonstrate the
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Explain what is meant by “informed consent” and “implied consent”. When should written consent be obtained? Informed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter‚ in the absence of fraud‚ it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the facts‚ implications‚ and future consequences of an action. In order to give informed consent‚ the
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Age of Consent My position on the age of consent is that I’m for it. I believe that the age of consent should be and always be age of 16‚ because once have turned 16 you should be mature enough to make your own decision on who you want to have sex with because you are now in high school and you’re old enough to know right from wrong. The legal age of consent is Washington State is 16. Age of consent is the age when the law considers a person mature enough to agree to have sex. In the United
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Researchers continue to study the link between the communication of sexual consent and acts of sexual violence. The aim of this study was to determine if past forced sexual experiences changes future sexual consent behaviors. Since these experiences are associated with alcohol use the study also explored the connection between alcohol and history of forced sex. This quantitative study used a cross-sectional electronic survey that was emailed to female students between the ages of 18-25. The students
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