"Volenti non fit injuria" is a Latin phrase commonly used in tort law, which translates to "to one who is willing, no wrong is done." It is a legal principle that serves as a defense against certain types of tort claims, particularly those related to negligence.
The doctrine of volenti non fit injuria essentially states that if a person voluntarily consents to a known risk or danger and suffers harm as a result, they cannot later claim that they were wronged or injured by the actions of another party. In other words, if someone willingly exposes themselves to a known risk, they cannot hold someone else responsible for any resulting harm.
Key elements of the volenti non fit injuria defense include:
Knowledge of Risk: The plaintiff must have been aware of the specific risk or danger involved in the activity or situation that led to their injury. This knowledge may be actual or implied based on the circumstances.
Consent: The plaintiff must have voluntarily consented to accept the risk, either explicitly or implicitly, through their words or actions. This consent may be express, such as signing a waiver or agreement, or implied by participating in an activity with known risks.
Absence of Wrongdoing: If the plaintiff willingly assumed the risk and consented to it, the defendant's actions are not considered wrongful or negligent in the eyes of the law. As a result, the defendant may not be held liable for any resulting harm or injuries suffered by the plaintiff.
Volenti non fit injuria is often invoked in cases involving inherently risky activities or situations where the plaintiff assumes the risk of harm, such as sports, recreational activities, and certain professions. However, the applicability of this defense depends on the specific facts and circumstances of each case, and courts carefully evaluate whether the elements of the defense are met before applying it.
It's important to note that the defense of volenti non fit injuria is not absolute and may be subject to limitations, particularly if the plaintiff's consent was obtained through fraud, coercion, or if the risk was so extreme that it would be unreasonable to expect the plaintiff to voluntarily accept it.
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General defences are the defences used by the a defendant to win the case. In this video you will learn about the legal maxim Volenti non fit injuria.
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