Official Code of Georgia Annotated

Title 51. TORTS · Chapter 11. DEFENSES TO TORT ACTIONS · Article 1. GENERAL PROVISIONS

51-11-2. Effect of consent.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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 note, ‘‘The Evolu-tion of the Doctrine of Informed Consent,’’ see 12 Ga. L. Rev. 581 (1978). 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).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 777; merge action: annotated; file SHA-256 bc30a40687b2.