Defences in tort

Overview

Recall questions on volenti non fit injuria, including knowledge and voluntary acceptance of risk, Smith v Baker, employees, passengers under section 149 Road Traffic Act 1988, rescuers and sport, on contributory negligence under the 1945 Act and the reduction of damages, and on the illegality defence.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is the defence of volenti non fit injuria in negligence?

   Model answer

   A complete defence where the claimant voluntarily agreed to accept the risk of harm that materialised.

2. 2

   Can agreement to risk for volenti purposes be implied, or must it always be express?

   Model answer

   Agreement can be either express or implied.

3. 3

   What is the effect on a claim if volenti is successfully established?

   Model answer

   It provides a complete bar to the claim, meaning the claimant recovers nothing.

4. 4

   What level of knowledge must a claimant have for volenti to apply?

   Model answer

   The claimant must have full knowledge of the nature and extent of the risk.

5. 5

   Is general awareness of danger sufficient for volenti, or must the claimant know something more specific?

   Model answer

   The claimant must have knowledge of the specific risk that materialised, not merely general awareness of danger.

6. 6

   What must the claimant do regarding the risk for volenti to succeed?

   Model answer

   The claimant must voluntarily agree to accept that risk.

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