Principle When a person consented to an act to be done by another he cannot claim any damages result...........

Legal Concepts Law of Torts

Principle: When a person consented to an act to be done by another, he cannot claim any damages resulting from doing that act, provided the act done is the same for which consent is given.

Facts: 'P' submitted a written consent to a surgeon 'S' for undergoing a surgical operation for removal of appendicitis. The surgeon while doing surgery also removed the gall bladder of 'A':

'P' can claim damages from 'S'

'P' is required to pay expenses for surgery for Appendicitis but not for Gall Bladder

'P' cannot claim damages from 'S'

'P' is not bound to pay expenses of the surgery

Explanation:

P can claim compensation because his consent was only for removing of appendicitis not for removal of gall bladder... And according to the principle he can't claim compensation for the act done is the same for "which consent is given" and there is clear case of not given consent for gall bladder removing. 'P' can claim damages from 'S'