Consent in Tort

Question 1

Meaning of consent in relation to tort

Answer 1

Victim accepts the risk - full defence

Question 1

Test part 1

Answer 1

C has knowledge of the nature and extent of the risk

Question 1

Test part 2

Answer 1

C freely and voluntarily gave their consent

Question 2

Legal principle of Trustees of PYCA v Poppleton

Answer 2

Not liable - D does not have to warn of obvious risk

The climber has said he did not think it to be risky - meaning he had considered the risk himself