Voluntary Assumption of Risk in UK Law
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Kleinwort Benson Ltd v Lincoln City Council
... ... which rule was based on the artificial assumption that a man is presumed to know the law. It would ... advice he paid over, he must have taken the risk that the law was otherwise and cannot ... ' argument that the payment was voluntary and so irrecoverable, he claimed that he paid the ... ...
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Caparo Industries Plc v Dickman
... ... the law will in a specific case imply a voluntary undertaking any more than it is possible to ... , reference is made to the voluntary assumption of responsibility: Muirehead v. Industrial Tank ... of the parties, the nature of the risk, and the public interest in the proposed ... ...
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Imperial Chemical Industries Ltd v Shatwell
... ... a man who freely and voluntarily incurs a risk of which he has full knowledge cannot complain of ... 22 I start, then, with the assumption that something must have gone wrong in the ... as between George and James there was a voluntary assumption of risk. George was clearly acting ... ...
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Ministry of Housing and Local Government v Sharp
... ... contract) only arose when there was a voluntary assumption of responsibility. I do not agree. He ... calculated a premium commensurate with the risk of mistake: and should, therefore, be prepared to ... ...
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Commissioners of Customs and Excise v Barclays Bank Plc
... ... QC for the Bank contended that the assumption of responsibility test was most appropriately ... , in Caparo v Dickman , p 637, thought "voluntary assumption of responsibility" ... ', 'fairness', 'voluntary acceptance of risk', or 'voluntary assumption of responsibility' ... ...
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Williams and Another v Natural Life Health Foods Ltd and Another
... ... The cause of action was based on an assumption of responsibility by the company. In 1992 the ... of the principle of assumption of risk from different perspectives. Counsel for the ... personal reliance (or for that matter voluntary assumption of risk)." ... 32 This reasoning is ... ...
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Haynes v Harwood
... ... bolting horses - Volenti non fit injuria - Risk in Course of Duty ... The plaintiff, a police ... There is no ground for this assumption. The respondent was not on point duty regulating ... Goodhart's article on “Rescue and Voluntary Assumption of Risk” in Cambridge Law Journal, ... ...
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Rabone and another v Pennine Care NHS Trust
... ... She was assessed by the hospital as a high risk of a further suicide attempt. Mr and Mrs Rabone ... the article 2 operational obligation to voluntary patients in hospital, who are suffering from ... held to exist where there has been an assumption of responsibility by the state for the ... ...
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Royal Bank of Scotland Plc v Etridge (No 2); Kenyon-Brown v Desmond Banks & Company (Undue Influence) (No 2); Bank of Scotland v Bennett; UCB Home Loans Corporation Ltd v Moore; National Westminster Bank Plc v Gill; Midland Bank Plc v Wallace; Barclays Bank Plc v Harris; Barclays Bank Plc v Coleman
... ... requirements which, if met, will reduce the risk of error, misunderstanding or mishap to an ... he decides to accept instructions, his assumption of legal and professional responsibilities to her ... , it seems to me, acting as a free and voluntary agent" ... On appeal, the Court of ... ...
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Pitt and Another v Holt and Another Futter and Another v Futter and Others
... ... the court's jurisdiction to set aside a voluntary disposition on the ground of mistake. It is now ... , but it can lead to a false belief or assumption which the law will recognise as a mistake. The ... term insurance, Mr Griffiths was taking the risk of deterioration of his health and failure to ... ...
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