Defences & Remedies for Civil Negligence

Question 1

Stermer v Latimer

Answer 1

C must have knowledge of the precise risk involved to be able to consent.

Question 2

Haynes & Harwood

Answer 2

Rescuers are exempt from volenti despite knowing the precise risk involved.

Question 3

Condon v Basi

Answer 3

Regarding sportsman, whilst C can be taken to accept risks of injury inherent to the nature of the game, they do not accept risk of injury occurring subside the rules of the game.

Question 4

Morris v Murray

Answer 4

Voluntary agreement can be implied where danger is so obvious and where C is able to appreciate this.

Question 5

Smith v Baker

Answer 5

C may be aware of the risk and carried out the act anyway but he had not fully consented due to coercion via employment.

Question 6

Sidaway

Answer 6

A doctor should not be forced to give information which may deter a patient from undergoing surgery that is in their own interest.