Voluntary Assumption of Risk in UK Law

  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 October 1998
    ... ... 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 ... ...
  • Caparo Industries Plc v Dickman
    • Court of Appeal (Civil Division)
    • 29 July 1988
    ... ... 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 ... ...
  • Imperial Chemical Industries Ltd v Shatwell
    • House of Lords
    • 06 July 1964
    ... ... 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 ... ...
  • Ministry of Housing and Local Government v Sharp
    • Court of Appeal (Civil Division)
    • 29 January 1970
    ... ... 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 ... ...
  • Commissioners of Customs and Excise v Barclays Bank Plc
    • House of Lords
    • 21 June 2006
    ... ... 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' ... ...
  • Williams and Another v Natural Life Health Foods Ltd and Another
    • House of Lords
    • 30 April 1998
    ... ... 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 ... ...
  • Haynes v Harwood
    • Court of Appeal
    ... ... 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, ... ...
  • Rabone and another v Pennine Care NHS Trust
    • Supreme Court
    • 08 February 2012
    ... ... 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 ... ...
  • 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
    • House of Lords
    • 11 October 2001
    ... ... 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 ... ...
  • Pitt and Another v Holt and Another Futter and Another v Futter and Others
    • Supreme Court
    • 09 May 2013
    ... ... 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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