Defences Flashcards
1
Q
What is volenti?
A
A full defence of consent
2
Q
What criteria must be met for the defence of Volenti?
A
Knowledge of the precise risk
Exercise of free choice
Voluntary acceptance of the risk
3
Q
Sterner v Lawson
A
C borrowed motorbike, not shown how to use it so no precise knowledge
4
Q
Smith v Baker
A
Quitting work isn’t a valid choice for some people due to conditions
5
Q
Simms v Leigh rugby Football club
A
Tackle was within the rules of rugby so no liability - volenti
6
Q
Montgomery v Lanarkshire HB
A
Did not consent to natural birth as wasn’t informed of risks
7
Q
Haynes v Harwood
A
Rescuers - police officer injured trying to stop a horse and cart running into a busy street, no consent as it’s his job
8
Q
Anderson v Newham college
A
Damages cannot he reduced by 100%
