Haynes v Harwood [1935] 1 KB 146

Facts:

  • C, a policeman, saw a horse running loose in the street among children. He ran out, chased it and caught it but was injured.


 Issue:

  • Does volenti non fit injuria prevent on-duty police officers from claiming damages for an injury sustained as a consequence of acting whilst being aware of the risk that this involves?


 Ratio:
  • D was guilty of negligence by virtue of leaving the horses unattended in a busy street.
  • Police are under general duty to intervene to protect life and property and therefore, the act of C and his injuries were a direct consequence of D’s negligence.
  • Volenti does not prevent C from claiming damages as he did not voluntarily agree to take the risk but did not voluntarily agree to take the risk but did it pursuant to his official duty.

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