Defences - consent - topic 16

Question 1

1. Consent is a…

Answer 1

full defence when C voluntarily accepts the risk.
To succeed C must prove:
1. C had full knowledge of the risk involved.
2. C willingly consented to accept the risk.
If the defence is successful, C won’t receive any damages.
(You can’t claim consent for road traffic accidents: S149 Road Traffic Act 1988)

Question 2

2. In Stemson v Lawson….

Answer 2

the defence of consent failed when C borrowed Ds motorbike. He hadn’t been properly shown how to use the motorbike so it was held that he did have full knowledge of the risk.

Question 3

3. In ICI Ltd v Shatwell…

Answer 3

it was held that C did have full knowledge of the risk when handling detonators against his employer’s instructions.
APPLY

Question 4

4. C must have…

Answer 4

voluntarily accepted the risk.
In Smith v Baker it was held that C didn’t willingly accept the risk when he continued to work in hazardous conditions after complaining about the risks involved.
APPLY

Question 5

5. In conclusion…

Answer 5

D could/ couldn’t plead the defence of consent.

Question 6

Rescuers

Answer 6

The fact that C is a professional rescuer e.g. member of an ambulance crew won’t mean they voluntarily accepted the risk. Salmon v Seafarers Restaurants.

Question 7

Sport

Answer 7

If injuries occur during the normal rules of the game ppts are said to have consented. However if they happen outside of normal rules of the game then consent doesn’t apply, Condon v Basi.

Question 8

Spectators

Answer 8

Spectators can also said to have consented to the dangers of spectating at the event, Woolridge v Summer.