Morris v Murray

Question 1

when was this judgement

Answer 1

1990

Question 2

which court

Answer 2

court of appeal

Question 3

how many judges

Answer 3

3

Fox and Stocker L.JJ. and Sir George Waller

Question 4

facts of the case

Answer 4

• drinking alcohol whole afternoon
• plaintiff and his friend decided to go on a flight in the friend’s light aircraft.
• plaintiff drove car to airfield, helped to start and refuel - - piloted by the friend
• aircraft crashed, killing the pilot and severely injuring the plaintiff.
• case bought against dead pilot (I think) –> ORIGIONAL defendants succeeded in contributory negligence claim but not violenti non fit injuria
• bought to court of appeal

Question 5

what is violenti non fit injuria

Answer 5

if someone willingly put themselves in a dangerous position, knowing the risk, they cannot sue for damages incurred through that.

Question 6

outcome of case

Answer 6

Held, allowing the appeal, that his claim was barred by the defence of volenti non fit injuria. P must have realised how drunk the pilot was and thereby implicitly waived his right to damages (dictum in Dann v Hamilton [1939] 1 K.B. 509, [1938] 12 WLUK 48 applied).