1. Volunti non fit injuria– to one who is willing, no harm is done.
· Padmavati v Dugganaika
· Consent must be free
· Consent obtained by fraud - R. v Williams– voice of a singer – rape case
· Consent under compulsion
· Scienti non fit injuria – knowledge is not assent - Smith v Backer- rock cutter case
· Act must be same whose consent given
Haynes v Harwood –Policemen – horses - such intervention is not novus actus interveniens – which breaks the chain of causation. “Danger invites rescue. The cry of distress is the summons for relief”. - Cardozo, J. in Wager v International Railways
Scott v Shepherd- D tossed a firework in market. It was quickly thrown by one person to another and it ended by exploding in P’s face. HELD- All but D acted for self-preservation and safety.
NOVUS ACTUS INTERVENIENS – EVEN if D can be shown to have acted negligently, there will be no liability if some new intervening act breaks chain of causation between negligence and loss or damage sustained by the claimant.
2. Plaintiff is wrongdoer – Ex turpi causa non oritur actio - from wicked, no cause of action arises – Husband had STD and intercourse between Husband and Wife. No compensation to wife. (one wonders if the court would hold the same today, if husband had knowledge.)
3. Inevitable accident
4. Act of God – Vis major – forces majeure –an overwhelming force of nature that has consequence not preventable by any due and reasonable precautions and that under certain circumstances is held to exempt from contract obligations.