volenti non fit injuria
Volenti Non Fit Injuria
(Latin maxim used in Tort Law)
✅ Meaning:
Volenti non fit injuria means "to a willing person, no injury is done."
In tort law, it is a defence which means that if a person voluntarily consents to a risk of harm, they cannot claim damages for injuries resulting from that risk.
🔹 Key Elements of Volenti Non Fit Injuria:
Knowledge of Risk:
The plaintiff must have full knowledge and appreciation of the risk involved.
Voluntary Acceptance:
The plaintiff must have freely and voluntarily agreed to accept the risk (expressly or impliedly).
Consent to the Risk:
The consent must be to the specific risk causing injury, not a general consent.
✅ Legal Effect:
The defendant will be exonerated from liability if the defence succeeds.
It completely bars the plaintiff’s claim for damages.
🔹 Example:
A spectator at a cricket match gets hit by a ball. The spectator is considered to have voluntarily accepted the risk of such an injury, so the stadium owner or players may not be liable.
A person engaging in a dangerous sport (e.g., boxing) consents to inherent risks involved.
🔹 Distinction from Contributory Negligence:
| Volenti Non Fit Injuria | Contributory Negligence |
|---|---|
| Complete bar to claim if consent given | Only reduces damages; claim is allowed |
| Requires voluntary and informed consent | Plaintiff was negligent but not consenting |
| Defendant not liable if defence successful | Defendant liable but damages reduced |
✅ Important Case Laws:
Morris v. Murray (1991): The plaintiff flew with a drunk pilot and was injured; court held the defence of volenti applied.
Smith v. Baker (1891): No volenti where the plaintiff had no real choice to avoid risk at work.
Hall v. Brooklands Auto Racing Club (1933): Spectators voluntarily accepted the risk inherent in watching a motor race.
✅ Summary:
| Term | Explanation |
|---|---|
| Volenti Non Fit Injuria | No injury is done to one who consents to risk |
| Defence in Tort Law | Bars liability if plaintiff consents to risk |
| Elements | Knowledge + voluntary acceptance of risk |
| Effect | Complete defence; no damages payable |
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