Flashcards in Defence - Volenti Non Fit Injuria Deck (10):
Woodley v Metropolitan District Railway
When claimant undertook job repairing trains he knew of the danger which was present.
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.
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.
Tichener v British Railways Board
Notion of agreement may be artificial, defence can apply if parties have not met.
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.
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.
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.
Reeves v Commissioner of the Police of the Metropolis
Martin Lynch commit suicide in police custody, police had paternalistic duty towards him.
Jolley v Sutton LBC
Two boys were injured trying to restore an abandoned boat that the council were aware of, council owed paternalistic duty.