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Director of Public Prosecutions (DPP) v Morgan [1975] UKHL 3 was a decision of the House of Lords which decided that an honest belief by a man that a woman with whom he was engaged with sexual intercourse was consenting was a defence to rape, irrespective of whether that belief was based on reasonable grounds.
Grainger plc v Nicholson [2010] IRLR 4 is a UK employment discrimination law case, concerning the protection of religion or belief. Regarding the question of an employee's conviction about climate change, it examines the scope of the legislation's protection.
In law, subjective standard and objective standards are legal standards for knowledge or beliefs of a plaintiff or defendant. [1] [2]: 554–559 [3]An objective standard of reasonableness ascertains the knowledge of a person by viewing a situation from the standpoint of a hypothetical reasonable person, without considering the particular physical and psychological characteristics of the defendant.
Reasonable care, Informed consent Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a Scottish delict , medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent .
It merely needs to be genuine. However, the reasonableness of that belief is material in the jury deciding whether the defendant had actually held that belief. [16] An exception to this appears to be bigamy (see R v Tolson (1889) 23 QBD 168). The Sexual Offences Act 2003 has introduced a hybrid test of reasonable belief as to consent. The ...
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
(b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section.