#defences #law #negligence #tort
The defences of consent will not apply where the claimant, acting under a legal, moral or social duty, has deliberately faced a risk in order to rescue another from imminent danger of personal injury or death. In Haynes v Harwood [1935] 1 KB 146 the defendant’s horse injured the plaintiff, a police officer, who was trying to stop the horse bolting. The plaintiff’s claim succeeded. However, a claimant who was merely interfering in a non-urgent situation, and who, therefore, cannot be classed as a rescuer, might be volens. See Cutler v United Dairies [1933] 2 KB 297 where in similar facts to Haynes, the horse had come to rest and posed no danger. Here the plaintiff, a passer by, lost their claim.
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