21.   He thought that as the plaintiff was more likely to be insured against the risk, then the loss should lie with the plaintiff.

22.   The plaintiff was a professional photographer.

23.   The House held that the plaintiff was volens to the risk of harm and his action therefore failed.

24.   The defendant will not be allowed to get round the Act by saying that the plaintiff was volenti.

25.   In these cases the plaintiff is aware of the risk but does not consent to the act of negligence that causes his injury.

26.   The plaintiff was a pillion passenger on a motor bike driven by the defendant.

27.   This case can perhaps be explained on policy grounds as the plaintiff was a rescuer and the courts do not wish to deter rescue.

28.   If the plaintiff should have been aware of the risk but was not, the defence will fail.

29.   This raises problems where the plaintiff was drunk at the time.

30.   At common law, if the court found that the plaintiff was partially to blame for his injuries, he received nothing at all.