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Lords amendment: No. 4, in page 2, line 28, leave out from "notice" to "a" in line 30 and insert
purports to exclude or restrict liability for negligence".
§ Mr. WardI beg to move, That this House doth agree with the Lords in the said amendment.
Hon. Members will see that this amendment relates to what is known as the rule of volenti non fit injuria, in which case the defendant in an action for negligence will sometimes succeed by showing that the plaintiff had full knowledge of the danger involved in voluntarily accepting the legal risk of his failure to take reasonable care.
The Law Commissioners recommended that where a provision excluding or restricting liability was ineffective the fact that the person agreed to, or was aware of, the term of notice should not by itself be regarded as sufficient evidence that he was voluntarily assuming the risk. Subsection (3) now makes this perfectly clear to the courts and they will have to have regard to other relevant facts in the case.
§ Question put and agreed to.