First Principles of Business Law

7. Defences

7.5. Voluntary assumption of risk in common law

Applying the principles explained on the previous page, which of the facts set out below would allow the defendant B to successfully raise volenti non fit injuria as a defence?

1. While being towed by a boat driven by B and doing a waterskiing manoeuvre, A crashes into a submerged rock that B knew of but did not tell A about. A sues B.

2. A, an emergency worker, is injured while attempting to rescue B from drowning. A sues B.

3. A accepts a lift in a car driven by B, even though B is somewhat drunk and A notices this. A is injured in a crash that is due to B's bad driving. A sues B.

4. A, who is employed by B to work on a building site, is injured when some high scaffolding unexpectedly collapses. A sues B.