PVL3703
HOME TAKE EXAM
DUE: 20 AUGUST 2025 (MEMO)
, PVL3703
DUE AUGUST 2025
Required:
Explain whether Animus Medical Pty Ltd may validly raise consent as a ground of
justification.
Note to student:
Explain and apply the applicable theory to the relevant facts of the case.
In your answer, identify and apply the relevant requirements for establishing
consent.
•Provide a substantiated conclusion stating whether Animus Medical Pty Ltd may
raise consent as a ground of justification to exclude wrongfulness.
General principles
Under the law of delict, an act that would otherwise be wrongful may be justified if the
injured party validly consents to it. Consent is a ground of justification that excludes
wrongfulness. The maxim volenti non fit iniuria “to a willing person, no injury is done”
applies: if someone freely and knowingly consents to harm or to the risk of harm, the
wrongdoer will not be held delictually liable.
Consent can take two forms
HOME TAKE EXAM
DUE: 20 AUGUST 2025 (MEMO)
, PVL3703
DUE AUGUST 2025
Required:
Explain whether Animus Medical Pty Ltd may validly raise consent as a ground of
justification.
Note to student:
Explain and apply the applicable theory to the relevant facts of the case.
In your answer, identify and apply the relevant requirements for establishing
consent.
•Provide a substantiated conclusion stating whether Animus Medical Pty Ltd may
raise consent as a ground of justification to exclude wrongfulness.
General principles
Under the law of delict, an act that would otherwise be wrongful may be justified if the
injured party validly consents to it. Consent is a ground of justification that excludes
wrongfulness. The maxim volenti non fit iniuria “to a willing person, no injury is done”
applies: if someone freely and knowingly consents to harm or to the risk of harm, the
wrongdoer will not be held delictually liable.
Consent can take two forms
