What is the effect of section 149 on a passenger who knew the driver was drunk?

The passenger's knowledge of the danger cannot defeat the claim altogether. Damages may still be reduced for contributory negligence.

What did Pitts v Hunt [1991] decide?

A passenger encouraged a drunk and unlicensed motorcyclist to ride dangerously, and the rider was killed. The Court of Appeal held that section 149 prevented volenti but that the claim failed for illegality.

What is the defence of illegality?

Illegality, or ex turpi causa non oritur actio, bars a claim founded on the claimant's own criminal conduct. The defence rests on the principle that a court should not assist a wrongdoer.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

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Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Civil Process

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Tort: Occupiers' LiabilityTort

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Tort: Torts Connected to LandTort

Topic overview Trespass to land: unlawful entry and intention Defences to trespass to land and the remedies available Public nuisance and the class of persons affected Suing in public nuisance: special damage and the Attorney-General Private nuisance: the parties and the interference Unreasonable user: locality, duration and utility Abnormal sensitivity and the effect of malice Specific defences to nuisance: prescription and statutory authority Rylands v Fletcher: the elements of the rule Specific defences to Rylands v Fletcher

Tort: Vicarious LiabilityTort

Topic overview The nature of vicarious liability The purpose of vicarious liability and the arguments about it Tests for the status of employment: control and integration The economic reality test and the modern multiple test Relationships akin to employment Scope of employment: authorised acts done in an unauthorised way Frolic of his own, detours and journeys Intentional wrongdoing and the close connection test Independent contractors and unusually hazardous activities

Tort: Defences and RemediesTort

Topic overview Volenti non fit injuria: the elements of the defence Volenti, rescuers and employees Volenti in road traffic cases and the defence of illegality Contributory negligence and the Law Reform (Contributory Negligence) Act 1945 Applying contributory negligence: seat belts, children and emergencies Defences and remedies in claims connected to nuisance and Rylands v Fletcher Compensatory damages in tort Assessing personal injury damages and mitigation of loss Injunctions and other remedies in tort

Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: Offences Against the PersonCriminal

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Criminal Law: Property OffencesCriminal

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Tort: Defences and Remedies

Volenti in road traffic cases and the defence of illegality

3 things to know
Components 2 and 3

Overview

Dann v Hamilton and the passenger who knew the driver had been drinking, the bar section 149 of the Road Traffic Act 1988 puts on volenti, and the illegality defence in Pitts v Hunt.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What did Dann v Hamilton [1939] decide?

Numbers

What does section 149 of the Road Traffic Act 1988 provide?

Key term

Why did Parliament restrict volenti in road traffic cases?

Questions from this subtopic

Each one with the model answer underneath.

1
What did Dann v Hamilton [1939] decide?
Model answer
A passenger accepted a lift from a driver she knew had been drinking and was injured. The court rejected volenti, because the drunkenness was not so extreme that accepting the lift amounted to consent.
2
What does section 149 of the Road Traffic Act 1988 provide?
Model answer
Section 149 of the Road Traffic Act 1988 makes a passenger's acceptance of risk of no effect against a driver. Volenti cannot be used where compulsory motor insurance applies.
3
Why did Parliament restrict volenti in road traffic cases?
Model answer
Compulsory insurance exists so that road accident victims are actually compensated. Allowing volenti would defeat the purpose of requiring insurance in the first place.
4
What is the effect of section 149 on a passenger who knew the driver was drunk?
Model answer
The passenger's knowledge of the danger cannot defeat the claim altogether. Damages may still be reduced for contributory negligence.
5
What did Pitts v Hunt [1991] decide?
Model answer
A passenger encouraged a drunk and unlicensed motorcyclist to ride dangerously, and the rider was killed. The Court of Appeal held that section 149 prevented volenti but that the claim failed for illegality.
6
What is the defence of illegality?
Model answer
Illegality, or ex turpi causa non oritur actio, bars a claim founded on the claimant's own criminal conduct. The defence rests on the principle that a court should not assist a wrongdoer.

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