consent scaffold

Question 1

intro ?

Answer 1

• d could use consent
  -full defence removes liability
• no injury is done to someone who consents the risk

Question 2

firstly proven ?

Answer 2

-must know the precise risk involved, full understanding
-subjective and will fail if c did not know of risks, even if they should have been (morris v murray)

Question 3

secondly proven ?

Answer 3

-the c must have had a choice as to whether to accept the risk
-smith v baker the d failed as the worker did not have free choice but had to accept risk

Question 4

lastly proven ?

Answer 4

-c must have been voluntary when accepting the risks or danger presented to them (haynes v harwood)