Defences - Consent Flashcards
What is the latin term?
volenti non fit injuria
Complete or partial defence?
Complete
What does it require?
A freely entered and ‘voluntary agreement by the claimant, in full knowledge of the circumstances’, to absolve the defendant of all legal consequences for their actions.
Voluntary-
Freely entered
Voluntary- what happens if the defendant couldn’t exercise free will?
Defence will not succeed.
Voluntary - Where is this element commonly seen?
Employment relationships, rescuers and suicide.
Agreement - express or implied?
May be either.
Agreement - when does an implied agreement exist?
Claimant demonstrates a willingness to accept the legal risks as well as the physical risks.
Agreement - is knowledge of risk enough?
No - Smith v Charles Baker and Sons
Knowledge - What must the claimant have had knowledge of?
The full nature and extent of the risk that they ran- Morris v Murray
Knowledge - is a rescuer regarded as having accepted the risk?
No, a rescuer is not regarded as having freely and voluntarily accepted the risk - Haynes v Harwood
Knowledge - are people who play sports taken to consent to risk of injury?
Yes, they are taken to consent to the risk of injury which occurs in the course of the ordinary performance of the sport - Condon v Basi
Smith v Charles Baker and Sons
Hit on head by rock during work. Just because you are aware of danger does not mean you consent to lack of care.
Morris v Murray
Drunk drove an airplane. Voluntarily accepted risk by getting in plane with drunk driver.
Haynes v Harwood
Jumped in front of horse trying to rescue child. Rescuer does not freely accept the risk
