A-Level Law — Hard: Advanced Applications & Defences

Front

Distinguish 'Volenti non fit injuria' from 'Consent' in the context of Negligence defences.

Back

**Volenti** (Voluntary Assumption of Risk) requires claimant knowledge of the specific risk and voluntary acceptance of it, acting as a complete defence. **Consent** generally refers to permission given for a touching (Battery) or entry (Trespass), often negating the unlawfulness of the act. While similar, Volenti specifically deals with accepting the probability of harm arising from a negligent act.

Front

Explain the legal consequences of a 'Substantial' breach regarding the right to terminate.

Back

A breach is 'substantial' (or 'material') if it deprives the innocent party of 'substantially the whole benefit' of the contract. Only upon a substantial breach does the innocent party acquire the **right to treat the contract as discharged** (terminate) and claim damages for the total loss. A trivial breach allows for damages but not termination.

Front

Compare the remoteness of damage tests in Contract (Hadley v Baxendale) vs. Tort (Wagon Mound).

Back

Both utilize the 'reasonable foreseeability' test established in *Hadley v Baxendale*. In **Contract**, loss is recoverable if it arises naturally from the breach or was within the parties' contemplation at formation. In **Tort** (*The Wagon Mound*), the test is strictly whether the type of damage was reasonably foreseeable. Contract often allows a broader scope based on special knowledge communicated, whereas Tort focuses on the directness and foreseeability of the specific injury.

Front

Define the 'Duty of Care' for Pure Economic Loss in Negligence.

Back

Claiming for Pure Economic Loss (financial loss not caused by physical damage) is highly restricted. A duty of care typically only exists if there is a **'special relationship'** between the parties, such as a negligent misstatement made in a professional capacity (Hedley Byrne v Heller), or where a defendant assumes responsibility for the claimant's financial well-being, preventing indefensible liability for pure economic harm.

Front

Analyze the 'Postal Rule' regarding instantaneous communications (email/telex).

Back

The Postal Rule states acceptance is effective upon posting, even if never received. However, this generally does **not** apply to instantaneous communications like email or telex, where the rule is that acceptance is complete only when **received** by the offeror. The parties can, however, expressly stipulate in the contract that the Postal Rule applies to emails.