Consent (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Latin name for consent defence
Latin name for consent defence
Volenti non fit injuria
Type of defence that consent provides
Type of defence that consent provides
Complete defence
Number of elements required for consent defence
Number of elements required for consent defence
Three key elements
First element of consent
First element of consent
Voluntary agreement - genuinely voluntary and freely given
Knowing risk vs consenting - key difference
Knowing risk vs consenting - key difference
Must agree to waive legal right to sue, not just know of risk
Third element - knowledge requirement
Third element - knowledge requirement
Full knowledge of nature and extent of risk
Smith v Baker - principle in employment
Smith v Baker - principle in employment
Knowing danger exists ≠ agreeing to accept negligent conduct
Morris v Murray outcome (drunk pilot case)
Morris v Murray outcome (drunk pilot case)
Consent defence succeeded - risk glaringly obvious
Why rescuers don't freely accept risk (Haynes v Harwood)
Why rescuers don't freely accept risk (Haynes v Harwood)
They act under moral or professional compulsion
Occupiers' Liability Acts - consent threshold difference
Occupiers' Liability Acts - consent threshold difference
No need to prove agreement to waive legal rights