The common law makes it clear that consent is no defence against criminal charges, save in the case of rape where consent (or rather its absence) is central to the offence itself.
By relying on the Cruzan decision, Lupu said, the D.C. circuit court "walks away from a long-standing aspect of common law: touching somebody without his consent is a battery.
In order for adolescent participation in HIV vaccine trials to be lawful in South Africa, current common law requirements must be met, that is consent to such research must be in accordance with public policy [ 23].
Legal systems based on common law traditionally distinguished between theft (taking without consent) and fraud (obtaining with consent through deception), a distinction still preserved in many jurisdictions.
As privacy scholars Daniel Solove and Woodrow Hartzog powerfully argue, the FTC's consent decrees establish common law set of principles.
For example: Canadian courts have recognized a common law right of patients to refuse consent to medical treatment, or to demand that treatment, once commenced, be withdrawn or discontinued.
YouTube has tons of clips showing confrontations between law enforcement and ordinary, sometimes agitated, people using pseudo-legalese, staking their refusal to cooperate on vague references to freedom, common law, commercial law, right to property, right to consent, birth certificates, proper identification and the difference between statutes and acts and legislation.
Murray's findings raise questions about Police Scotland's use of powers under Scottish common law that allow officers to seek the voluntary, oral consent for a search from someone against whom there is no evidence or allegation of wrongdoing.
The Malaysian legislation follows the British common law and the main conflict in SDM involves the concept of consent to care [ 47].
In the common law there is a presumption that any adult person has the capacity to consent or refuse medical treatment unless proven otherwise by acceptable evidence.
