The question (10 marks)
'Volenti non fit injuria.' Explain the maxim, its essentials and its limits, with cases. Would it apply to a spectator injured at a motor race, and to a workman injured by a known danger at his workplace? (10 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · General Defences of Law of Torts, Motor Accident Claims and Consumer Protection.
Authorities you will need
- Padmavati v Dugganaika
- Smith v Baker & Sons [1891] AC 325 (HL)
- Hall v Brooklands Auto Racing Club [1933] 1 KB 205
- Haynes v Harwood [1935] 1 KB 146
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.