Defences

Volenti non fit injura

A legal doctrine meaning 'no injury is done to one who consents to the risk.'

Consent (Volenti)

Full consent where if successfully demonstrated by the defendant, the claimant receives no damages.

Three elements of Volenti

1) Knowledge of precise risks, 2) Exercised free choice, 3) Voluntarily accepted the risk.

Knowledge of the risk

Subjective; the claimant must know of the risk, not just what a reasonable person would have known.

Smith v. Baker & Sons

Case where the claimant was aware of danger but had not consented to lack of care; entitled to recover damages.

Haynes v. Harwood

Case where a police officer was injured acting under a duty to protect the public; volenti defense failed.

Contributory Negligence Act 1945

Allows reduction of damages awarded to the claimant in proportion to their own fault in causing the injury.

Steps to calculate contributory negligence

1) Deliver judgment, 2) Establish percentage reduction, 3) Award final damages.

What must the defendant show in contributory negligence claims?

The claimant's act or omission contributed to causing the injuries suffered.

Involuntary acceptance of risk

The defense fails if the claimant had no choice but to accept the risk of harm.