ICI v Shatwell [1965] AC 656 (House of Lords) 

Written By Nicolas Heyes

Basic Facts: G and J, shot firers at a quarry, ignored safety instructions and tested detonators in an unsafe manner, resulting in an explosion that injured J. J sued for the injuries. 

Issue: What constitutes an agreement for the purposes of volenti non fit injuria (consent to the risk of harm)? 

Held: D was not liable for any damages. C had voluntarily assumed the risk of injury.

  • Lord Reid: There is a difference between careless collaboration and deliberate disobedience. In this case, the latter applies, making volenti non fit injuria a complete defense since both parties consented to the risk. 

  • Lord Pearce: The defense applies if there was a genuine, pressure-free agreement to assume the risk. Here, it was implied that G would not sue J for injuries, making volenti applicable. 

Nicolas Heyes
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