Voluntary Assumption of Risk in UK Law

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

  • Ministry of Housing and Local Government v Sharp
    • Court of Appeal
    • 29 Ene 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
    • 29 Jul 1988

    He naturally, and rightly, regards the company as his client. 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). Any member of the company, even if not entitled to have a copy of the accounts sent to him, is entitled to be furnished with a copy of the company's last accounts on demand and without charge (s.246).

  • Commissioners of Customs and Excise v Barclays Bank Plc
    • House of Lords
    • 21 Jun 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.

    There is a tendency, which has been remarked upon by many judges, for phrases like "proximate", "fair, just and reasonable" and "assumption of responsibility" to be used as slogans rather than practical guides to whether a duty should exist or not.

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