#defences #law #negligence #tort
As previously discussed, in Morris v Murray [1991] 2 QB 6, where the plaintiff accepted a lift with an obviously drunken pilot, the risk of injury was so great as to be the equivalent of ‘meddling with an unexploded bomb’. Therefore, an implied agreement to run the risk of injury could be established. A similar decision was reached in Ratcliffe v McConnell [1999] 1 WLR 670, when a drunken student dived into a swimming pool not having checked its depth (this case is discussed with reference to Occupiers’ Liability in a later Chapter). See also Sacco v Chief Constable of South Wales Constabulary [1998] (unreported) where a 17 year-old claimant hit his head having jumped from a police van. His drunken state did not negate the defence of volenti.
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