ICI v Shatwell [1965]

Volenti non fit injuria defence will very rarely be
successful in action by employee against his employer.
Employer can’t plead employee consented as element of
economic compulsion.
Exception in this case.
Quarrying accident was fault of two
employees – brothers.
One brother sued defendant quarry-owners on
ground he and his brother equally to blame for accident, and owners were
vicariously responsible for his brother’s conduct.
Could defendants rely on volenti?
House of Lords held that where two fellow
servants collaborate carelessly to deliberately disobey an order, then volenti
is a complete defence.
Fact the two brothers agreed to contravene
statutory prohibition and defy employer’s orders should not affect application
of volenti.