Defences Volenti Flashcards
1
Q
What is the term for a full defence?
A
Volenti Non Fit Injura
2
Q
What is Volenti?
A
Volenti is where:
- C knows the precise risk
- can exercise free choice
- voluntarily accepts the risk.
3
Q
Case law for precise risk involved.
A
Stermer v Lawson - C must know the precise nature of the risk involved, not just that a risk existed.
4
Q
Case law for free choice (force)
A
Smith v Baker shows that where C is forced into a choice, he has not exercised free choice.
5
Q
Case law for free choice (duty)
A
Ogwo v Taylor shows that where C has a duty to act they are forced to act and don’t have free choice.
6
Q
Case law for acceptance of risk
A
ICI v Shatwell shows that where C knows the precise risk and has free choice still continues shows that C accepted the risk
