Facts
Water from a sprinkler system in a theatre leaked into a shop the claimant rented from the theatre.
Issue
Is consent a defence where the source of danger benefits both parties?
Held
No liability.
Principle
Where the claimant has expressly or impliedly consented to the source of danger, especially where it is for common benefit, the rule does not apply.
Why it matters
Consent and common benefit defence.
Cited in these chapters
Cite this page
Peters v Prince of Wales Theatre (Birmingham) Ltd [1943] KB 73 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/peters-v-prince-of-wales-theatre> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.