ABSTRACT
Claimants must be aware of the broad nature of the risk which they are taking, in other words they must know what they are doing and what the possible outcomes may be. As has been seen, in the context of consent to medical treatment, this does not mean that they need to understand all the detail of the treatment but they must understand why the treatment is advisable, what it involves, what any side-effects may be and the intended outcome. Failure to ensure such understanding may amount to negligence on the part of the health practitioner involved. In medical cases consent is usually express. In the context of sport, the claimant consents to the risk of injury which is inherent in the game played according to the rules. This is an example of implied consent. An action may lie for trespass to the person if injury occurs as a result of something which is against the rules of the game. What both examples have in common is the knowledge by the claimant of the nature of the risk which is being taken.
