ICI v Shatwell [1965] AC 656

Facts:

  • D was employed as a shotfirer in a quarry, and was to test the electric wiring connecting explosive charges.
  • Contrary to instructions that testing must be done from a shelter, D carried out a test in the open and was injured.

 Issue:

  • Whether the employer could rely on the defence of volenti non fit injuria as the brothers acted  in neglect of express instructions and mandatory precautions, with knowledge of the associated risks?


 Ratio:

  • Court held that an employer is able to rely on volenti non fit injuria as a complete defence to vicarious liability when the employees act in deliberate neglect.
  • The two brothers had contributed to their own injuries.

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