consent

Question 1

in what case was C forced to choose one course of danger than another, rescuer acting in heat of moment

Answer 1

haynes v harwood

Question 2

rarely used defence except when? 2 main types

Answer 2

o an international tort would otherwise be involved e.g. sport
o express assumption risk takes place i.e. contract exempting liability
Smith v Baker [1891]- economic pressures limited worker’s freedom to take risk thus no true consent

Question 3

what 2 statutes have limited use of consent as defence

Answer 3

Road Traffic Act 1988 s149(1), Unfair Contract Terms Act 1977 s2

Question 4

in what case was implied consent applied

Answer 4

ICI v Shatwell [1965] - vicarious liability would have meant that foolish plaintiffs would have received 50% of damages. Consent applied to deny claims entirely
• Many wrongdoers gain damages regardless e.g. motoring collisions

Question 5

what case shows the level of foolishness required is very high

Answer 5

morris v murray- drunk pilot

Question 6

Which statute gives particular protection to passengers from drunk drivers?

Answer 6

RTA 1988 s149

Question 7

Can consent apply to travelling with a drunk driver?

Answer 7

No. Pitts v Hunt (would remove all damages)

Question 8

What is consent?

Answer 8

Volenti non fit injuria. Compete defence but rarely succeeds.

Question 9

What are the requirements for consent?

Answer 9

Actual knowledge of risk and full consent

Question 10

why does implied consent exist? and case

Answer 10

A defence to bar a claim entirely - ICI v shatwell

Question 11

Which historical case said in the employment context there is no ‘true’ consent?

Answer 11

Smith v Baker- economic pressures