Consent

Must be "free, full and informed."

May be express or implied (e.g., sports, medicine).



Norberg v. Wynrib


An analogy with contract law.

"Inequality of bargaining power" requires proof of

(1) inequality in the position of the parties, and

(2) an improvident bargain.


In tort, then:

There will be held to have been no consent upon proof of

(1) inequality between the parties, and

(2) exploitation of that inequality.


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