TOPIC:

Marjorie, a middle-aged entrepreneur,was involved in a terrible, single-caraccident. When she was taken to anearby hospital, the attending nurse discovered that Majorie's pursecarried a card that contained thefollowing statement: "NOTICE: I am a Jehovah's Witness. Because of my religious beliefs, I do not consent,under any circumstances, to any emergency medical procedures that involve blood transfusions." The nurse brought the card to the attention ofthe emergency room physician, DrCurtis. He immediately appreciatedthe dilemma. If he failed to perform ablood transfusion, Marjorie certainlywould die within an hour. But if heproceeded with the transfusion, he would be overriding her religiousbeliefs. Can Dr. Curtis be held liable,under an intentional tort,forperforming an operation that will saveMarjorie's life?

question:from Western Canada. The issuehere is the nature of consent as adefence to intentional torts and negligence. Briefly answer that

EXTENTED INFORMATION:

Canada law tort law