Maanvi Trivedi, Symbiosis Law School, Hyderabad
INTRODUCTION
Assault and battery law has its origins in early English common law. It is the foundation for any form of harm and negligence arising from any kind of medical act in the absence of an appropriate consent. In the medical field, Battery refers to the unconsented touching of one person by another. “While the notion of informed consent grew rapidly in the modern period, the judiciary applied the English Common Law Tort doctrine of negligence to the medical field, associating negligence with violation of duty and breach of duty with insufficient client consent”.
In tort law, there are numerous defences that may be used to absolve, “ a defendant of guilt and protect him from being held responsible for the plaintiff's damages. When a tort is committed, which means the defendant's conduct harmed the plaintiff's individual or property, the plaintiff's consent absolves the defendant of all wrongdoing. While a defendant's actions which be deemed unethical or detrimental, the defendant is not considered to have committed a tort if the plaintiff allows these interferences to occur. When a complainant expresses a desire to engage in the defendant's actions, this is known as consent. It may take the form of words or actions.”
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