Defence- Volenti Non Fit Injuria Flashcards
What is the translation of volenti non fit injuria and what is it based on
‘To willing person no injury is done’ (based on consent over c)
What are the 2 things that need to be proven for this defence
- C had knowledge of precise risk involved
- There was a voluntary exercise of free choice/consent by c
What must the C have in relation to knowledge of precise risk involved
Full knowledge of nature/extent of risk
What case is used for c had knowledge of precise risk involved, and what is said
Stermer v Lawson- c injured on Ds motorbike, D had no defence as C not aware of full extent of risk
For voluntary exercise of free choice what must the C have done
Freely accepted and voluntarily taken risk
What is the result of an employee being coercing by D
D has no defence
What case is used for employee being coerced
Smith v baker- D had no defence as c had complained about risk and only carried out task because of fear of losing employment
What are the other 3 cases for c having a voluntary exercise of free choice
ICI v Shatwell
Haynes v hardwood
Sidaway
What does the case of ICI v shatwell say
The C ignoring the employer means the employer has a defence as c voluntarily accepted risk
What does the case of Haynes v hardwood say
Police are under a duty to protect, can still receive damages even if they voluntarily put self in dangerous position (not regarded as giving willing consent)
What does the case of sidaway say
Hospitals aren’t required to talk C through every possible remote side effect
What are the 3 situations where a rescuer will not be considered volenti
If:
1. He was acting to rescue person/property endangered by D’s negligence
2. He was acting under a compelling legal/moral duty
3. The conduct, in all circumstances was a reasonable/natural consequence of D’s negligence
What type of defence is volenti non fit injuria
Complete defence
