Defences Flashcards
What is the term for P voluntary undertaking the risk of harm created by D’s breach of duty?
Volenti non fit injuria
What does a volenti non fit injuria do?
Breaks causal chain and provides full defence
At what point must the volenti non fit injuria come?
Before the breach of duty
what is ‘sciens’ and ‘volens’
- know and fully appreciate the risk
- voluntarily accepts the risk
Which case stated that when the risk was inherently obvious and P engages upon his own free will (pays to do so) this is a volenti non fit injuria?
Poppleton
Which case states that by knowingly crossing a dangerous railway line through a breach in fence that P was ‘volens’?
Tichner
Which case shows that sliding down bannister is volens?
Geary v JD Weatherspoons
Which case confirms that the volenti non fit injuria must come before the breach? Not after when he tries to climb out
Heary v Phinn
What is CN and what is its effect?
To some extent P was responsible. It is a partial defence.
How does Lord Denning say CN is judged?
According to the causative potency and blameworthiness of the respective faults
What case concerned epilisie and an unsafe platform?
Cork v Kirby Maclean
What case is authority on alcohol consumption?
Malcolm v Fair
Which case concerns alchol and bad pavements?
Kemp
Which case concerns fixing tyre in the outside lane?
Ameen v Hunter
Which case concerned taxi driver not wearing his seat belt because police told him not to?
Pace v Culley
