Defence – Consent and Voluntary Assumption of Risks

This is a question on the defences of Consent and Voluntary assumption of risk. As a candidate, you must be at alert to know that the two defences are engaged, even when not expressly stated by the examiner. This means you should consider all available defences, except otherwise instructed by your examiner.

Each of these defences has its own principles of law that must be applied before you can state whether they will be applicable or not. We have outlined these principles in the sample answer below.