Learn about the meaning, elements and cases of the defense of consent (Volenti non-fit injuria) in tort law. Find out when a person can voluntarily agree to suffer harm and when it is not actionable by law. VOLENTI NON FIT INJURIA INTRODUCTION Volenti Non Fit Injuria, a legal maxim that means, ‘where the sufferer is willing no injury is done’. It is a doctrine according to which a person who voluntarily gives consent for any harm to suffer would not be liable to claim any damages. The harm suffered is not a matter of the cause of action as it was consensual. The plaintiff cannot impose a right that he willingly abandoned. If a person lands up in a dangerous situation knowingly, the ... To establish the defence of volenti non fit injuria, the defendant must show that: The claimant had fully-informed knowledge about the risk; and The claimant voluntarily agreed to waive their right to sue if the risk manifested, or otherwise indicated that they assumed the risk themselves and so would not sue: Nettleship v Weston [1971] 2 QB 691. Ordinarily, an express indication that the claimant is waiving their right to sue is needed. However, the courts will sometimes infer that the ... Volenti non fit injuria is a powerful defence in tort law, but it is applied cautiously by courts. The key considerations are whether the plaintiff had full knowledge of the risks and whether they voluntarily accepted those risks. If these conditions a Conclusion: The defence of consent, encapsulated by the legal maxim volenti non fit injuria (“to one who consents, no harm is done”), plays a crucial role in tort law. It allows a defendant to avoid liability by proving that the plaintiff ...
