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Words: | Submitted: Thu Jul 11 2002
... tempered by UCTA. *Morris v Murray [1991] 2 QB 6 The Plaintiff got into an aeroplane with the Defendant. The Defendant had consumed an exceptionally large quantity of alcohol. They died in the ensuing crash. It was decided that the risks had been glaring, and as such he had agreed to waiver his rights. *Wooldrige v Sumner The Press photographer should have accepted the fact that the Jockey would have been more intent upon winning and stabilising his horse than whether he was going to crash into the crowd. The Plaintiff accepted the risks, which were inherent. It has been shown that volenti is rarely used, it is usually contributory neg that will be used. The authority marked * denotes that it was accepted as a case of implied assumption of the risk by conduct. Because of UCTA it is rare to find a case where it is a contractual acceptance of the risk. A ...
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