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The first defence is volenti non fit injuria (no injury can be done to a willing person). If C consents to a
risk then then D cannot be sued if that risk occurs. This is an objective test as C is judged by whether a
reasonable man would consider…

Page 2

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Due to S149 of the ROAD TRAFFIC ACT 1988 C cannot be volenti when accepting a lift from a driver C
knows to be drunk but they can be CN as evidenced in OWENS v BRIMMEL and STINTON v STINTON
shows the key factor is if C knows that D…


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