Plaintiff and deceased, who had been drinking, went
for flight in deceased’s aircraft.
Plaintiff assisted in preparing plane for take-off.
Took off in poor conditions.
Aircraft crashed, killing pilot and injuring plaintiff.
Plaintiff brought action against deceased’s estate.
Could deceased’s estate rely on volenti?
Court of Appeal held that act of passenger in
embarking on flight with pilot he knew to be extremely drunk was like engaging
in intrinsically and obviously dangerous operation.
Therefore defence of volenti operated to bar claim.