Defences (OCR A-Level Law): Flashcards

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Volenti Non Fit Injuria (Consent)
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Volenti non fit injuria

No injury is done to one who consents

Volenti defence type

Complete defence - absolves all liability

Three volenti elements

Voluntary, agreement, knowledge

Voluntary in volenti

Freely entered, not under pressure

Knowledge in volenti

Full knowledge of nature & extent of risk

Knowing risk vs consent

Knowing danger ≠ waiving legal right to sue

Rescuers & volenti

Not considered to freely accept risk

Sports consent scope

Ordinary risks, not rule-breaking conduct

Occupiers' Liability volenti

No agreement needed, just willing acceptance

Smith v Baker principle

Workplace awareness ≠ consent to negligence

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