70. Application of the defence.

In order to establish the defence, the claimant must be shown not only to have perceived the existence of danger but also to have appreciated it fully1 and voluntarily accepted the risk2. The question whether the claimant's acceptance of the risk was voluntary is generally one of fact, and the answer to it may be inferred from his conduct in the circumstances. The inference of acceptance is more readily to be drawn in cases where it is proved that the claimant knew of the danger and comprehended it3, for example where the danger was apparent or proper warning was