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The defence of ‘consent’ is restrictive in its applicability in cases involving:
alienable rights
inalienable rights
both (a) &(b)
neither (a) nor (b).
- Alienable rights: These are rights that a person can transfer or waive, like property rights. Consent can play a role in transferring or relinquishing these rights.
- Inalienable rights: These are fundamental rights that cannot be surrendered or transferred, such as the right to life and personal freedom. The defence of consent is often restrictive here, because these rights are protected regardless of individual consent.
- Both (a) & (b): Suggests consent applies restrictively to both alienable and inalienable rights, which is generally not the case for alienable rights.
- Neither (a) nor (b): Would imply consent isn't restrictive for inalienable rights, which isn't accurate.
Correct Answer: Option 2 - inalienable rights
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