Defence - Volenti Non Fit Injuria Flashcards Preview

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Flashcards in Defence - Volenti Non Fit Injuria Deck (10):
1

Woodley v Metropolitan District Railway

When claimant undertook job repairing trains he knew of the danger which was present.

2

Dan v Hamilton

A person accepting a lift from a drunk driver was not to be treated as volens unless the drunkenness was so extreme and so glaring that accepting a lift would be equivalent to intermeddling with an unexploded bomb or walking to the edge of an unfenced cliff.

3

Haynes v Hardwood

A rescuer is not regarded as having freely and voluntarily accepted the risk, in this case a police officer was injured trying to protect people from a bolting horse.

4

Tichener v British Railways Board

Notion of agreement may be artificial, defence can apply if parties have not met.

5

ICI v Shatwell

A man who freely and voluntarily incurs a risk of which he has full knowledge cannot complain of injury if that risk materialises and causes him damage.

6

Woolridge v Sumner

Consent is a defence to conduct which falls within the "ordinary course of a game", defendant's liability will depend on a breach of duty rather than an acceptance of the risk.

7

Watson v British Boxing Board

Claimant accepted the risk of injury as a result of events in the ring, he did not accept the risk following inadequate medical treatment.

8

Reeves v Commissioner of the Police of the Metropolis

Martin Lynch commit suicide in police custody, police had paternalistic duty towards him.

9

Jolley v Sutton LBC

Two boys were injured trying to restore an abandoned boat that the council were aware of, council owed paternalistic duty.

10

Smith v Barker

"One who has invited or assented to an act being done towards him cannot, when he suffers from it, complain of it as a wrong"