ABSTRACT

In this chapter I shall trace the evolution of our present understanding of the law applied to consent. I shall do this by examining some important legal cases drawn from the courts in the English-speaking democracies. The central element in all of these is the complaint "I was not told that this might happen." The English-speaking democracies employ a similar legal approach, i.e. common law or the law of precedent, when deciding between the opposing sides in a dispute. The decisions taken in the different countries, although not binding in the other countries, are accorded persuasive authority and may be used in support of argument in the courts.