Volenti Non Fit Injuria


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Volenti Non Fit Injuria

[Latin, To the consenting, no injury is done.] In the law of Negligence, the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing therefrom.

Cross-references

Assumption of Risk.

References in periodicals archive ?
In comparison to common law jurisdictions, such as England and Wales, the interpretation of whether a person has acted negligently (breached the duty of care) is based around a fictitious reasonable person applying binding precedent case law, which has developed the maxim of volenti non fit injuria (no injury can be done to a willing person), which is often applicable in cases involving sports related injury.
This voluntary assumption of the inherent and ordinary risk of the activity is known by the Latin phrase: volenti non fit injuria.
As in the criminal setting, a defendant in an action for damages for assault can raise the defence of consent or volenti non fit injuria where the plaintiff consented to the assault and, if successfully raised, this will be a complete defence to the plaintiff's claim.