Volenti Non Fit Injuria Flashcards
ROAD TRAFFIC ACT 1988 s.149 (3)
s.b. page 144
Defence of volenti does NOT apply to road accidents
The fact that a passenger has consented to the possible negligence of driver does NOT negative any liability on the part of the driver.
Morris v Murray [1991]
Drunk friends - erratic flight in light aircraft.
Despite C being very drunk - defence of VOLENTI was allowed, on appeal.
Fact that he was SO irresponsible + had actively assisted with propeller, fuelling etc.
Created HYRBID TEST: Defence of volenti will apply when:
(1) C was able to ANTICIPATE ACTS OF NEGLIGENCE
(2) There was NO COMPULSION (C felt free to do as he wished.)
Baker v Hopkins
Tragic well case - workers negligently went down when weren’t supposed to for days - toxic fumes - doctor went to rescue and died as well.
Held; natural and probable consequence of D’s negligence was that someone would come and rescue them.
FAILED AT COMPULSION STAGE: Doctor is not acting freely - but instinctively to save lives.
Reeves v Commissioner of Police for the Metropolis
Rejected defence of volenti. (For C’s suicide.)
However, accepted CN -50/50
Reinforced in Orange v Chief Constable of West Yorkshire Police
UCTA 1977 S.2.
s.b. page 71
Cannot restrict/limit liability for personal injury/death resulting from neg.
Can however for any other head of damage, providing that requirement of reasonableness if satisfied.
Fact that C saw sign or something and accepted risk doesn’t matter - NO DEFENCE OF VOLENTI, even if D has attempted to restrict/limit liability.
