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Defences to Negligence & Vicarious liability. Volenti: volenti non fit injuria This is a total defence to a negligence claim. However the rules to which apply are complex: Knowledge of the risk: In the late 19th Century, it was seen that if you had any knowledge of the risks that you were exposing yourself to, and did so voluntarily, then you could not make a claim. This changed over the years, with the idea being that where the negligence of the Defendant increased the more the Plaintiff must have given express clear assent to the assumption of that risk before the incident. Mere knowledge of the risk is not enough, there must be a clear waiver. *Dann v Hamilton [1939] 1 KB 509 The Plaintiff accepted a lift from the Defendant knowing that he was very intoxicated. The Defendant crashed causing the Plaintiff a lot of damage. She was said to have given clear consent because...

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