Establish the relevant tort cause of action
[[Has the Claimant contributed to the Tort?->Was the Claimant contributorily negligent?]]
[[Has the Claimant consented to the tort?->Did the Claimant voluntarily agree to the risk?]]
[[Has the Claimant engaged in illegal or immoral behaviour?->Is there a sufficient link between the illegal or immoral behaviour and the tort?]]Was the Claimant contributorily negligent?
(//Reeves v Metropolitan Police Commissioner//)
[[Yes->Did the contributory negligence contribute to the damage suffered?]]
[[No->Contributory negligence not established]]Did the Claimant voluntarily agree to the risk?
(//ICI v Shatwell//)
[[No->Volenti not established]]
[[Yes->Did the Claimant have knowledge of the full nature and extent of the risk?]]Is there a sufficient link between the illegal or immoral behaviour and the tort?
(//National Coal Board v England//)
[[No->Illegality not established]]
[[Yes->Considering the relevant factors, as a matter of policy, should the tort claim be defeated?]]Did the contributory negligence contribute to the //damage// suffered?
(//Jones v Livox Quarries//)
[[No->Contributory negligence not established]]
[[Yes->Contributory negligence established]]Contributory negligence not established//Volenti// not establishedDid the Claimant have knowledge of the full nature and extent of the risk?
(//Dann v Hamilton//)
[[No->Volenti not established]]
[[Yes->Volenti established and claim defeated]]Illegality not establishedConsidering the relevant factors, as a matter of policy, should the tort claim be defeated?
(//Patel v Mirza//)
[[No->Illegality not established]]
[[Yes->Illegality established and claim defeated]]Illegality established and claim defeated//Volenti// established and claim defeatedContributory negligence established.
What is the just and equitable appointment? Consider all relevant issues (i.e. guidelines in //Froom v Butcher//)