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.

    "Proximity" is, no doubt, a convenient expression so long as it is realised that it is no more than a label which embraces not a definable concept but merely a description of circumstances from which, pragmatically, the courts conclude that a duty of care exists,

  • 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. There was nothing to compel them to discharge this duty through their servant.

    (See in particular per Lord Devlin at pages 530-531.) 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.

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

    Secondly, it was established that once a case is identified as falling within the extended Hedley Byrne principle, there is no need to embark on any further inquiry whether it is "fair, just and reasonable" to impose liability for economic loss. Thirdly, and applying Hedley Byrne, it was made clear that "reliance upon [the assumption of responsibility] by the other party will be necessary to establish a cause of action (because otherwise the negligence will have no causative effect)."

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

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Legislation
  • Corporation Tax Act 2009
    • UK Non-devolved
    • Thursday January 01, 2009
    ... ... Section 371KC is to be omitted and the assumption set out in section 18I(3)(b) above in relation to ... potential borrower's credit rating and the risk involved in providing credit, ... voluntary arrangements proposed or approved in relation to ... ...
  • Taxation (International and Other Provisions) Act 2010
    • UK Non-devolved
    • Friday January 01, 2010
    ... ... the asset is acquired as a hedge of risk in connection with the contract, or ... of sections 84 to 88 would, on the assumption in subsection (5), apply to it ... any voluntary amendment of a return within paragraph (a) ... ...
  • Housing Act 1996
    • UK Non-devolved
    • Monday January 01, 1996
    ... ... running of, such associations and other voluntary organisations concerned with housing, or matters ... market by a willing vendor, on the assumption that any liability under the covenant required by ... authority identify as being at particular risk of homelessness in the authority's district ... ...
  • Housing (Scotland) Act 1987
    • UK Non-devolved
    • Thursday January 01, 1987
    ... ... runs the risk of domestic ... Assistance for voluntary organisations ... 39: Financial and other ... ...
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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 ... ...
  • THE OCCUPIERS’ LIABILITY ACT
    • No. 21-4, July 1958
    • The Modern Law Review
    ... ... ” l8 The common law defence of voluntary assumption of risk is, however, expressly ... ...
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Law Firm Commentaries
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