It is an essential element of the plea of volenti that the pursuer, against whom the plea is taken, knows of the risk to which he exposes himself: ‘the pursuer against whom it is pleaded must be sciens as well as volenti’.
The courts will be able to decide whether or not a person should be treated as a rescuer.
Judges:
Lord Guthrie
Citations:
[1969] SLT 223
Cited by:
Approved – Ogwo v Taylor HL 19-Nov-1987
A firefighter sought damages for personal injuries from the party negligent in starting a fire, suffered while attending it.
Held: A property owner owes a duty of care to firemen, not, by his negligence, to start a fire, or to create special . .
Lists of cited by and citing cases may be incomplete.
Negligence, Scotland
Updated: 04 May 2022; Ref: scu.546907