Volenti Non Fit Injuria

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VOLENTI NON FIT INJURIA

When the plaintiff brings an action against the defendant for a particular tort, providing the existence of all the essentials of that tort, the defendant would be liable for the same. The defendant may, however even in such a case avoid his liability by taking the plea of some defence; Volenti Non Fit Injuria is one amongst them.

WHAT IS VOLENTI NON FIT INJURIA

Volenti non fit Injuria or the defence of consent, when a person consents to the infliction of some harm upon himself, he has no remedy for that in tort. In case the plaintiff voluntarily agrees to suffer some harm, he is not allowed to complain for that and his consent serve as a good defence against him. No man can enforce a right which he has voluntarily waived or abandoned. Consent to suffer harm may be expressed or implied. Volenti non fit Injuria is a defence of limited application in tort law. A direct translation of Latin phrase “Volenti non fit Injuria” is to one volunteer, no harm is done. Where the defence of Volenti non fit Injuria applies it operates as a complete defence absolving the Defendant of all liability. The defence of Volenti non fit Injuria requires a freely entered and voluntary agreement by the Claimant, in full knowledge of the circumstances, to absolve the Defendant of all legal consequences of their actions. Let’s understand this with the help of a case law , in this case plaintiff was a spectator at motor car race being held at Brookland on a track owned by the defendant company. During the race, there was a collision between two cars, one of which was thrown among spectators, thereby injuring the plaintiff. It was held that the plaintiff impliedly took the risk of such an injury, the danger being inherent in the sport which any spectator could foresee the defendant was not liable. In other predominant case , while the driver was taking the jeep…...

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