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Tags
#defences #law #negligence #tort
Question
The claimant can only be volens if they acted voluntarily.

A man cannot be said to be ‘willing’ unless he is in a position to choose freely, and freedom of choice predicates not only [...], so that he may be able to choose wisely, but the absence of any feeling of constraint so that nothing shall interfere with the freedom of his will. (Scott LJ in Bowater v Rowley Regis Corporation [1944] KB 476).

Answer
full knowledge of the circumstances of which the exercise of choice is conditional

Tags
#defences #law #negligence #tort
Question
The claimant can only be volens if they acted voluntarily.

A man cannot be said to be ‘willing’ unless he is in a position to choose freely, and freedom of choice predicates not only [...], so that he may be able to choose wisely, but the absence of any feeling of constraint so that nothing shall interfere with the freedom of his will. (Scott LJ in Bowater v Rowley Regis Corporation [1944] KB 476).

Answer
?

Tags
#defences #law #negligence #tort
Question
The claimant can only be volens if they acted voluntarily.

A man cannot be said to be ‘willing’ unless he is in a position to choose freely, and freedom of choice predicates not only [...], so that he may be able to choose wisely, but the absence of any feeling of constraint so that nothing shall interfere with the freedom of his will. (Scott LJ in Bowater v Rowley Regis Corporation [1944] KB 476).

Answer
full knowledge of the circumstances of which the exercise of choice is conditional
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The claimant can only be volens if they acted voluntarily. A man cannot be said to be ‘willing’ unless he is in a position to choose freely, and freedom of choice predicates not only full knowledge of the circumstances of which the exercise of choice is conditional, so that he may be able to choose wisely, but the absence of any feeling of constraint so that nothing shall interfere with the freedom of his will. (Scott LJ in Bowater v Rowley Regis

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