Voluntary Assumption of Risk in UK Law

Leading Cases
  • Caparo Industries Plc v Dickman
    • House of Lords
    • 08 February 1990

    What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of "proximity" or "neighbourhood" and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope upon the one party for the benefit of the other.

    At best they are but labels or phrases descriptive of the very different factual situations which can exist in particular cases and which must be carefully examined in each case before it can be pragmatically determined whether a duty of care exists and, if so, what is the scope and extent of that duty.

  • Ministry of Housing and Local Government v Sharp
    • Court of Appeal (Civil Division)
    • 29 January 1970

    I do not accept that, in all cases, the obligation to take reasonable care necessarily depends upon a voluntary assumption of responsibility, Even if it did, I am far from satisfied that the Council did not voluntarily assume responsibility in the present case.

    I see no sufficient reason why in an appropriate case the liability should not extend to cases in which the defendant is obliged to make the statement which proves to be false.

  • Caparo Industries Plc v Dickman
    • Court of Appeal (Civil Division)
    • 29 July 1988

    But he is employed by the company to exercise his professional skill and judgment for the purpose of giving the shareholders an independent report on the reliability of the company's accounts and thus on their investment. It is attached to and forms part of the company's accounts (ss.238 (3) 239). A copy of the company's accounts (including the auditor's report) must be sent to every member (s.240).

  • Williams and Another v Natural Life Health Foods Ltd and Another
    • House of Lords
    • 30 April 1998

    First, in Henderson it was settled that the assumption of responsibility principle enunciated in Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. [1964] A.C. 465 is not confined to statements but may apply to any assumption of responsibility for the provision of services.

  • Commissioners of Customs and Excise v Barclays Bank Plc
    • House of Lords
    • 21 June 2006

    This is not to disparage the value of and need for a test of liability in tortious negligence, which any law of tort must propound if it is not to become a morass of single instances. But it does in my opinion concentrate attention on the detailed circumstances of the particular case and the particular relationship between the parties in the context of their legal and factual situation as a whole.

See all results
Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... authorities conclude that the level of risk, assessed in accordance with paragraphs (18) and ... proceedings has expired even on the assumption that the Court would have granted the maximum ... F294on the UK e-notification service a voluntary transparency notice expressing its intention to ... ...
  • Immigration Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... appeals process is exhausted, face a real risk of serious irreversible harm if removed to the ... ) , that fact does not prevent an assumption being made that the couple were married at the ... (4) (1) Section 127 of that Act (voluntary provision of physical data) is amended as ... ...
  • Corporation Tax Act 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... asset leasing (see Part 21) ... F32(i) risk transfer schemes (see Part 21A) .F108(j) group ... a corresponding description if, on the assumption that they were shares in the same company, they ... (1) (b) and (2) are—(a) the voluntary departure of a member,(b) the commencement of the ... ...
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • January 01, 2000
    ... ... (with modifications) (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), ... the approval relates F1262(on the assumption, if it is not the case, that the application was ... or organisation (including a voluntary organisation) in connection with whose activities ... ...
See all results
Books & Journal Articles
  • Common Employment
    • No. 1-3, December 1937
    • The Modern Law Review
    ... ... a surprising light on the assumption underlying President Roosevelt’s recent ... does not by implication assume any risk due to want of care on the part of ... doctrine is said to rest on the voluntary assumption by one servant of the risk of ... ...
  • Common Employment: Reflections on Two Recent Cases
    • No. 2-1, June 1938
    • The Modern Law Review
    ... ... of duty provided “the risk of injury from the negligence of ... , namely the theory of the voluntary assumption of risk by the servant, on ... ...
  • Safeguarding and personalisation
    • No. 12-2, May 2010
    • The Journal of Adult Protection
    • 43-51
    This article examines the existing legal framework for safeguarding in the context of the Putting People First (Ministers et al, 2007) agenda, in order to consider the risks of abuse in a new era o...
    ... ... , legal framework, personalisation, risk" management, direct payments, health and safety, \xEF\xAC" ... has to be a duty of care, based on a voluntary assumption of risk, and proximity between the two ... ...
  • Extended Joint Criminal Enterprise in International Criminal Law
    • No. 80-6, December 2016
    • Journal of Criminal Law, The
    This article examines the doctrine of extended joint criminal enterprise (‘JCE’) as a mode of liability within international criminal law (‘ICL’). The article first provides an overview of extended...
    ... ... willingly took the risk ...  on ‘foreseeability’ and the ‘voluntary assumption of risk,’70 art. 30 prima ... ...
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT