Anderson v. Cooke & Anor [2005] IEHC 221 (29 June 2005)
The plaintiff and second defendant were engaged in a joint illegal enterprise of driving at excessive speed for the purpose of photographing the speedometer. The court could not determine the duty of care owed by the defendant to the plaintiff in these circumstances. As a result, the plaintiff's claim fails.
- Citation
- [2005] IEHC 221
- Parties
- Plaintiff: Alan Anderson; First Defendant: Thomas Cooke; Second Defendant: Brian Cooke
- Jurisdiction
- Ireland
- Judgment Date
- 29 June 2005
- Procedural Posture
- Personal Injury Tort Claim / High Court Judgment
- Outcome
- Plaintiff's claim dismissed
- Legal Topics
- Contributory Negligence, Volenti Non Fit Injuria, Ex Turpi Causa, Duty of Care, Joint Illegal Enterprise
Case Brief
Summary, issues, holding and outcome
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Parties
Alan Anderson
Plaintiff
Thomas Cooke
First Defendant
Brian Cooke
Second Defendant
Procedural Posture
Personal Injury Tort Claim / High Court Judgment
Legal Issues
- 1 Whether the defence of volenti non fit injuria applies to bar the plaintiff's claim
- 2 Whether the defence of ex turpi causa applies due to joint illegal enterprise
- 3 Whether contributory negligence by the plaintiff precludes recovery
Ratio Decidendi
The plaintiff and second defendant were engaged in a joint illegal enterprise of driving at excessive speed for the purpose of photographing the speedometer. The court could not determine the duty of care owed by the defendant to the plaintiff in these circumstances. As a result, the plaintiff's claim fails.
Court Disposition
Plaintiff's claim dismissed
Orders
- Plaintiff's claim is dismissed.
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