§ 16-3 False Imprisonment - Defense of Consent
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 16-3 False Imprisonment - Defense of Consent
No one can enforce a right arising out of a transaction which he has voluntarily assented to. If a plaintiff voluntarily limits his freedom, he cannot claim false imprisonment. Consent of the plaintiff to acts which constitute an unlawful imprisonment will bar his right of recovery therefor. To be effective as a bar to recovery, consent must be free from any element of fraud, duress, or mistake.
See Powell v. Drake, 199 S.C. 212, 18 S.E.2d 745 (1942)(the maxim...
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