In which of the following cases the House of Lords held that 'volenti non fit injuria' had no…
In "Smith v. Baker" the House of Lords held that volenti non fit injuria did not defeat a workman's claim where his employer negligently failed to warn of a recurring…
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In which of the following cases the House of Lords held that 'volenti non fit injuria' had no application to harm sustained by a workman from the negligence of his employers in not warning him of the moment of a recurring danger, although the man knew and understood that he personally ran risk of injury if and when the danger did occur.
Answer and explanation
Correct answer A
In "Smith v. Baker" the House of Lords held that volenti non fit injuria did not defeat a workman's claim where his employer negligently failed to warn of a recurring danger; mere knowledge of the risk is not the same as free consent to run it.
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