Defences

Cards (4)

  • Volenti non fit injuria
    If the defendant can show that the claimant was aware the defendant might act negligently but agrees to the risk and freely consents he will not be liable.
  • Haynes v Harwood
    the defence of consent is not available not those who feel morally obliged to get involved.
  • Morris v Murray
    D and C were out drinking and then decided to go out in the defendants’ plane. Plane crashed and D was killed. The claimants claim against the defendants estate failed as he freely consented to getting into the plane knowing the risks.
  • Volenti non fit injuria
    a complete defence for the defendant