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contract law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › contract law

  • This topic has 1 reply, 2 voices, and was last updated 6 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
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  • April 22, 2019 at 9:42 pm #513800
    reem1589
    Participant
    • Topics: 61
    • Replies: 17
    • ☆☆

    which expression best describes the situation where the courts declare that a person’s injury is partly attributable to the injured person’s own actions.

    A. volenti non fit injuria
    B. novus actus interveniens

    the answer for the following question is A however according to my knowledge I chose B because for it to be A shouldn’t the injured party have a. given consent and b. known about the likely damages. please explain

    April 23, 2019 at 6:16 am #513830
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23322
    • ☆☆☆☆☆

    I don’t see that novus actus interveniens would be appropriate (some external act or event that contributes / exacerbates the situation)

    But I’m also not convinced that volenti is appropriate. Yes, the injured party must have known of the risk and been a volunteer to participate but the cases that I (used to) quote to illustrate volenti don’t seem to illustrate this point about the party’s own actions that resulted in that party’s injuries

    Haynes v Harwood compared with Cutler v United Dairies

    (Volenti is set aside in a ‘rescue’ situation but is applied where the ‘rescuer’ is held to have been ‘a meddler’)

    It seems to me that more appropriate answer would be “contributory negligence”

    OK?

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