(2) D does not incur any liability in relation to the act that he would not have incurred if P—
- (a) had had capacity to consent in relation to the matter; and
- (b) had consented to D’s doing the act.
(3) Nothing in this section—
- (a) excludes a person’s civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act;
- (b) affects the operation of the Advance Medical Directive Act (Cap. 4A);
- (c) applies to the conduct of a clinical trial.
Section 7 acts: limitations
8.—(1) If D does an act that is intended to restrain P, it is not an act to which section 7 applies unless 2 further conditions are satisfied.
(2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.
(3) The second condition is that the act is a proportionate response to—
- (a) the likelihood of P’s suffering harm; and
- (b) the seriousness of that harm.
(4) For the purposes of this section, D restrains P if he—
- (a) uses, or threatens to use, force to secure the doing of an act which P resists; or
- (b) restricts P’s liberty of movement, whether or not P resists.
(5) Section 7 does not authorise a person to do an act which is inconsistent with a decision made, within the scope of the authority of, and in accordance with this Act, by—
- (a) a donee of a lasting power of attorney granted by P; or
- (b) a deputy appointed for P by the court.
Payment for necessary goods and services
9.—(1) If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, he must pay a reasonable price for them.
