Reviewed case brief
Smith v. Baker
[1891] AC 325
[1891] AC 325 · House of Lords (UK)
- Court
- House of Lords (UK)
- Year
- 1891
- Subjects
- Law of Torts
- Reviewed
- 2026-08-02
Rule established
Mere continued work with knowledge of a risk, absent genuine free choice to accept it given economic necessity, does not establish volenti non fit injuria. Scienti (knowledge) is not volenti (consent).
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
[1891] AC 325
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.