Consent (AQA A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What type of defence is consent (volenti non fit injuria) in tort law?
What type of defence is consent (volenti non fit injuria) in tort law?
A complete defence
How many key elements must be satisfied for the consent defence to succeed?
How many key elements must be satisfied for the consent defence to succeed?
Three elements
Why might consent defence fail in employment relationships?
Why might consent defence fail in employment relationships?
Employees may lack real choice due to job
What must a claimant agree to, beyond just being aware that injury might occur?
What must a claimant agree to, beyond just being aware that injury might occur?
To waive their legal right to sue
In Smith v Baker (1891), why did the consent defence fail when a worker was hit by a falling stone?
In Smith v Baker (1891), why did the consent defence fail when a worker was hit by a falling stone?
Knowing danger exists ≠ accepting negligence
What level of knowledge must a claimant have of the risk for consent to apply?
What level of knowledge must a claimant have of the risk for consent to apply?
Full nature and extent of the risk
Why don't rescuers freely accept risk according to Haynes v Harwood (1935)?
Why don't rescuers freely accept risk according to Haynes v Harwood (1935)?
They act under moral/professional duty
What do sports participants NOT consent to, per Condon v Basi (1985)?
What do sports participants NOT consent to, per Condon v Basi (1985)?
Injury from conduct outside the rules
How does consent differ under the Occupiers' Liability Acts compared to common law?
How does consent differ under the Occupiers' Liability Acts compared to common law?
Lower threshold; no need to waive rights
In Morris v Murray (1991), why did the consent defence succeed in the drunk pilot case?
In Morris v Murray (1991), why did the consent defence succeed in the drunk pilot case?
Risk was glaringly obvious and dangerous