Consent

Consent

Definition (AO1)

1. C knew (subjective) of the risk

   AND

2. Voluntarily decided to take the risk.

(Full defence)

Consent can be express (by words) or implied (by actions)

Consent

Source (AO3)

Common Law

Knowledge

Definition (AO1)

The C had full knowledge of the nature and extent of the risk.

A person cannot consent to a risk of which they have no actual knowledge of details / extent of risk, even if a RP would have been aware of the risk.

Consent when intoxicated

Definition (AO1)

Courts will ignore the fact that C was intoxicated.

Consent when intoxicated

Case (AO3)

(Morris v Murray)

• C went drinking with friend.

• C freely got into a light plane, knowing that pilot was drunk

• Pilot crashed the plane & was killed

• C survived and sued the widow

• Held that C consented to risk even though he was intoxicated.

Willing consent to risk

Definition (AO1)

The person must be in a position to choose freely to accept the risk. The D will not succeed where the C has no choice but to accept the risk or does not have capacity

Willing consent to risk - Relationship

Definition (AO1)

Relationship between D & C. If C is under fear or threats i.e. duress to consent.

Willing consent to risk - Employment

Definition (AO1)

An employee acts under a duty in their employment contract and therefore has no real freedom of choice when carrying out any dangerous task requested by the employer, so this defence rarely succeeds between Employer and Employee.

Willing consent to risk - Employment

Case (AO3)

(Smith v Baker)

C was injured when a heavy crane lifting stones overhead dropped its load on him. Just because the C had continued to work, knowing the risks involved, did

Willing consent to risk - Rescue / Emergency Situations

Definition (AO1)

Rescuers acts under moral pressure so it is not truly voluntary.

Willing consent to risk - Sporting injuries

Definition (AO1)

Players - Consent is usually a defence to injuries experienced during sporting activities because players are regarded as having consented to the risks associated with that particular sport.

Spectators - Some sporting events carry risks for spectators such as being hit by a ball while watching a match

Willing consent to risk - Children

Definition (AO1)

Children under 16 generally cannot consent to risks since they do not have the capacity to consent.

Children over 16 may consent to risks.

Willing consent to risk - OLA

Definition (AO1)

s.2(5) OLA 57 & s.1(6) OLA 84 provide that Occupiers owe no duty in respect to risks willingly accepted by that person.

Willing consent to risk - OLA

Case (AO3)

(White Lion v James)