volenti non fit injura cases

Question 1

Smith V Baker

Answer 1

Defence won’t succeed if C has no other choice but to accept the risk.

Question 2

Ogwo V Taylor

Answer 2

Cannot be used where C has a duty to act, due to their job, in an emergency

Question 3

Haynes V Harwood

Answer 3

Cannot be used where C has a duty to act, due to their job, in an emergency

Question 4

ICI Ltd V Shatwell

Answer 4

If C acts against employer’s orders or statutory rules then ‘Volenti defence (voluntarily accepting the risk of harm, creating a full defence) is likely to succeed.