Defences- violenti non-fit-injuria/ consent- COMPLETE

Question 1

What is violenti non-fit-injuria?

Answer 1

Where C accepts voluntary assumption of a risk of harm?

Question 2

What kind of test is consent?

Answer 2

-Subjective test.
-D ought to be aware of the risk.

Question 3

What happens if consent is successful?

Answer 3

C will receive no damages as the D will not be liable.

Question 4

What are the three criteria for consent?

Answer 4

• Knowledge or understanding of the risks.
• Free choice
• Voluntary acceptance of the risk

Question 5

What can consent not be used for and the act?

Answer 5

-Road traffic accidents under S149 of the road traffic act 1998.

Question 6

Stermer V Lawson?

Answer 6

-Must be properly informed on how to use something. (motorbike case)

Question 7

Bowater V Rowley

Answer 7

-C must exercise free choice.

Question 8

Smith V Baker?

Answer 8

-Has the C done all that they could in complaining about the risks./ VA

Question 9

Haynes V Harwood

Answer 9

-a rescuer is not in a position to weigh up the situation and agree to risk of injury- act quickly.
-courts give special consideration- consent likely not apply.

Question 10

ICI V Shatwell

Answer 10

-employers can rely on consent where an employee has deliberately neglected employers in instruction of the associated risk.