As a general rule no tort can be committed against a person consenting thereto if that consent is free, is not obtained by fraud, and is the action of a sound mind. The consent of a person incapable of consenting, such as a minor, may not affect the rights of any other person having a right of action for the injury.
History. Orig. Code 1863, § 2985; Code 1868, § 2998; Code 1873, § 3053; Code 1882, § 3053; Civil Code 1895, § 3893; Civil Code 1910, § 4490; Code 1933, § 105-1803.
Law reviews.
For comment discussing withdrawal of consent by patient as grounds for assault and battery charge against physician, in light of Mims v. Boland, 110 Ga. App. 477 , 138 S.E.2d 902 (1964), see 16 Mercer L. Rev. 463 (1965).
For note, “The Evolution of the Doctrine of Informed Consent,” see 12 Ga. L. Rev. 581 (1978).
Structure Georgia Code
Chapter 11 - Defenses to Tort Actions
Article 1 - General Provisions
§ 51-11-1. Authorization to Act as Justification; Effect of Plea
§ 51-11-3. Extenuation and Mitigation of Damages
§ 51-11-4. Arbitrament and Award
§ 51-11-5. Former Recovery and Pendency of Another Action
§ 51-11-7. Effect of Plaintiff’s Failure to Avoid Consequences of Defendant’s Negligence
§ 51-11-9. Immunity From Civil Liability for Threat or Use of Force in Defense of Habitation