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defence to negligence

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › defence to negligence

  • This topic has 3 replies, 2 voices, and was last updated 12 years ago by AvatarMikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
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  • October 24, 2013 at 6:52 pm #143602
    Avatargyanmichael
    Participant
    • Topics: 27
    • Replies: 16
    • ☆

    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

    October 24, 2013 at 10:38 pm #143615
    AvatarMikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    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

    October 25, 2013 at 6:26 pm #143703
    Avatargyanmichael
    Participant
    • Topics: 27
    • Replies: 16
    • ☆

    Thanks Mike, I figured the same.

    October 26, 2013 at 12:19 pm #143751
    AvatarMikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23368
    • ☆☆☆☆☆

    You’re welcome

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