- This topic has 3 replies, 2 voices, and was last updated 11 years ago by .
Viewing 4 posts - 1 through 4 (of 4 total)
Viewing 4 posts - 1 through 4 (of 4 total)
- You must be logged in to reply to this topic.
Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › defence to negligence
Hi, I have a question regarding these two cases.
Im Morris v Murray (1990), a guy knew the pilot was dead drunk but he flew the plane with him and crashed. The court held that he consented, so defendant not liable.
Similar case, Dunn v Hamilton (1939) a lady drove with a guy she knew to be drunk, had an accident, was injured and sued. The court held that she did not consent to be injured. So defendant was liable.
Question: the first guy also didn’t consent to be injured but he lost his case. Please why. Thank you
Good question – if only because I don’t know the answer! Maybe it’s just a matter of the lapse of time – 51 years after Dunn maybe the Courts are taking a differing view
Thanks Mike, I figured the same.
You’re welcome