Condition for the application of maxim volenti non-fit injuria

The following are the conditions for the application of the maxim volenti non fit injuria: -  tap on the learn more to read full article

Consent must be free

The defence of volenti non-fit injuria is available to the defendant only when he proves that the tap on the learn more to read full article

Consent may be express or implied

Consent in oral or written form is called express while consent by conduct is called implied. tap on the learn more to read full article

In Hall vs Brookland’s Auto Racing Clubs

The plaintiff was a spectator in the defendant’s race club. During the race, there was a collision between tap on the learn more to read full article

The act must be lawful

The act to which the plaintiff gives his consent and undertakes to suffer the risk must be lawful and... tap on the learn more to read full article

Volenti Non-Fit injuria, Not Scienti Fit injuria

The maxim is not scienti no fit injuria (knowledge implies consent) but volenti non-fit injuria, mere... tap on the learn more to read full article

Exception of the Maxim Volenti Non-Fit does not apply

Where consent was given under compulsion (Smith vs Bekar 1891) tap on the learn more to read full article

Rescue cases

In the case of Haynes v. Harwood (1935)

The defendant's servant brought two horses into the village near the police station... tap on the learn more to read full article

Illegal Acts

If consent has been given for an act that is not permitted by law, the liability cannot be avoided even... tap on the learn more to read full article

Negligence of the Defendant

In cases where the defendant has been guilty of negligence, the defence of volenti non-fit injuria does not... tap on the learn more to read full article

Contributory Negligence & Volenti Non-Fit injuria

Contributory negligence & volenti non-fit injuria are both used by the defendant to avoid being sued...learn more