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#defences #law #negligence #tort
The claimant must know of the risk and its extent before they can be said to be volens. This is subjective – did that particular claimant know? It is not a question of whether the reasonable claimant would have known, i.e. objective. For example, in Morris v Murray [1991] 2 QB 6 the plaintiff accepted a lift with a drunken pilot. The plaintiff was drunk as well and this had to be taken account of by the court in determining whether he appreciated the danger involved.
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