Consent (Volenti Non Fit Injuria) :
Definition - Voluntary agreement by the claimant, in full knowledge of the
circumstances
Voluntary = Choice must be made freely;
Agreement = Can be express or implied by conduct. Smith v Charles
Baker and Sons – Claimant had not consented to the lack of care so
defense failed
Knowledge = Claimant must have had knowledge of nature and extent of
risk (Morris v Murray)
Definition - Voluntary agreement by the claimant, in full knowledge of the
circumstances
Voluntary = Choice must be made freely;
Agreement = Can be express or implied by conduct. Smith v Charles
Baker and Sons – Claimant had not consented to the lack of care so
defense failed
Knowledge = Claimant must have had knowledge of nature and extent of
risk (Morris v Murray)
