Legal Definitions - against the will

The legal phrase against the will describes an action or conduct that occurs contrary to a person's wishes, desires, or consent. It signifies that an individual did not voluntarily agree to, permit, or authorize a particular act, and that the act was carried out despite their lack of permission or active refusal.

Here are some examples illustrating this concept:

• Example 1: Unlawful Restraint

  Imagine a situation where a person, Sarah, is walking down the street, and a stranger forcibly grabs her arm and pulls her into an alley, despite her struggling and shouting "No!" The stranger's actions of seizing and moving Sarah occurred against her will, as she clearly did not consent to being touched or moved in that manner. This lack of consent is a critical element in charges like kidnapping or unlawful restraint.

• Example 2: Theft of Property

  Consider a scenario where Mark parks his bicycle outside a coffee shop, locks it, and goes inside. While he's away, someone cuts the lock and rides off with the bicycle. The act of taking the bicycle was performed against Mark's will because he did not give permission for anyone to take his property. His locking of the bike explicitly demonstrated his intent to keep it, and its removal without his consent constitutes theft.

• Example 3: Unauthorized Medical Procedure

  Suppose a patient, Mr. Henderson, is fully conscious and mentally competent in a hospital and explicitly tells his doctor that he refuses a specific non-emergency surgical procedure. If the medical staff were to proceed with the surgery anyway, despite his clear refusal, their actions would be considered against his will. In healthcare, a competent patient's refusal of treatment must generally be respected, and proceeding without consent can have serious legal consequences.