What were the facts of Smith v Baker and Sons [1891]?

A quarry worker was injured when a stone fell from a crane swinging rock over his head. The House of Lords rejected volenti, because working on under protest was not true agreement.

Must the claimant's agreement be express?

Agreement may be express or implied from the claimant's conduct. An implied agreement must still show a real choice to accept the risk.

What did ICI Ltd v Shatwell [1965] decide?

Two shot-firers ignored safety regulations and tested detonators without taking cover, injuring each other. The House of Lords allowed volenti, because they had freely agreed between themselves to run a known risk.

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

Topic overview The civil courts and their jurisdiction Starting a claim and the Civil Procedure Rules Allocation to track and case management Civil appeals and the appellate courts Tribunals: development, role and control Arbitration Mediation, conciliation and negotiation Trial, judgment and enforcement Justice, interests and barriers in the civil process

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Contract: Rules and Theory of Contract LawContract

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Contract: Misrepresentation and Economic DuressContract

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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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Criminal Law: Capacity DefencesCriminal

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Human Rights: Convention ProvisionsHuman rights

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Human Rights: Restrictions on Convention RightsHuman rights

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Human Rights: EnforcementHuman rights

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Tort: Defences and Remedies

Volenti non fit injuria: the elements of the defence

3 things to know
Components 2 and 3

Overview

Volenti non fit injuria and effect of volenti succeeding.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What does volenti non fit injuria mean?

Key term

What must a defendant prove to establish volenti non fit injuria?

Numbers

Is knowledge of the risk by itself enough for volenti?

Questions from this subtopic

Each one with the model answer underneath.

1
What does volenti non fit injuria mean?
Model answer
Volenti non fit injuria means that no injury is done to a person who consents. The defence is a complete answer and defeats the claim entirely.
2
What must a defendant prove to establish volenti non fit injuria?
Model answer
The defendant must show that the claimant knew of the precise risk. The defendant must also show that the claimant voluntarily agreed to run that risk.
3
Is knowledge of the risk by itself enough for volenti?
Model answer
Knowledge of a risk is not the same thing as agreement to run it. Smith v Baker and Sons [1891] held that a worker who knew stones were swung overhead had not consented.
4
What were the facts of Smith v Baker and Sons [1891]?
Model answer
A quarry worker was injured when a stone fell from a crane swinging rock over his head. The House of Lords rejected volenti, because working on under protest was not true agreement.
5
Must the claimant's agreement be express?
Model answer
Agreement may be express or implied from the claimant's conduct. An implied agreement must still show a real choice to accept the risk.
6
What did ICI Ltd v Shatwell [1965] decide?
Model answer
Two shot-firers ignored safety regulations and tested detonators without taking cover, injuring each other. The House of Lords allowed volenti, because they had freely agreed between themselves to run a known risk.

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