was in immediate danger and he was not under any compelling duty to act. Also, although to be a "neighbour" within Lord Atkin's dictum, a claimant must be "so closely and directly affected by one's act that one ought reasonably to have them in contemplation", rescuers are invariably deemed to be neighbours, even if their presence would objectively seem to be somewhat unlikely - Baker v Hopkins [1959] 3 All ER 225 (CA). Unsuccessful attempts to rely on volenti Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston [1971] 3 All ER 581 (Court of Appeal) Baker v T E Hopkins & Son Ltd [1959] 3 All ER 225 (Court of Appeal). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed: that is, because the plaintiff specifically inquired if the defendant's insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be "unseemly" to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Generally courts are reluctant to recognise voluntary assumption of risk. An example of a court reluctant to find a voluntary assumption of risk includes Carey v Lake Macquarie City Council [2007] NSWCA 4. Instead the conduct amounted to contributory negligence, which is not a complete defence. See also Acts of the claimant Assumption of risk Consent Ex turpi causa non oritur actio List of Latin phrases Sciens Volens References Brocards (law) Delict Legal rules with Latin names Legal doctrines and principles Tort law