CAUSATION, CONTRIBUTORY NEGLIGENCE AND VOLENTI NON FIT INJURIA

Abstract

This article examines the questions arising from the decision of the House of Lords in I.C.I. Ltd. v. Shatwell, the case that resuscitated the volenti non fit injuria defence in employee-employer injury cases. The author first outlines the history of the defence, in the context of both negligence and breach of statutory duty. In doing so, the author investigates why the defence was resorted to in the Shatwell decision, questioning why the court did not feel suffice to settle the matter through the use of the causation approach or contributory negligence.