Volenti Non Fit Injuria (Defence of Consent)

In this lesson we will learn about volenti non fit injuria that is defense of consent.

When Plaintiff brings an action against defendant, the defendant can please some defense. There are two types of defense Specific defense and General defense. Specific defense is available for some specific wrong and general defense is available for number of wrongs

Defense of consent, is General defense under the law of torts. According to the doctrine of volenti non fit injuria, if a person voluntarily gives consent to suffer some harm himself then he is not entitled to remedy, under law of torts. It means if a person is aware about risk and voluntarily accept any task that he cannot claim the remedy. Example players of cricket, football etc.

Two main points of this maxim

  1. Knowledge of risk
  2. Agreed to suffer the harm

Note: Defense of consent is available only if harm is not beyond reasonable limit. For instance, deliberately injured caused to another player, similarity if a surgeon performs surgery negligently.

Hall vs Brooklands Auto Racing Club

Plaintiff was a spectator, during car race there was collision between two cars, one of the car thrown among the spectators, thereby injuring the plaintiff.

Here defendant was not held liable. The maxim volenti non fit injuria was Applied

Case a Padmavati vs Dugganaika

While driver was taking patrol at petrol pump, two strangers took lift in a Jeep. Suddenly front wheel failed and Jeep became uncontrolled, both the strangers were thrown away, one of them instantly died and other was injured.

Here defendant was not held liable because strangers voluntarily took lift.

Wooldridge vs Sumner

Is mikata a photographer taking photo in Horse Show, fell into horse course and was injured by galloping of horses. Here also Defendant was not held liable.

Volenti Non Fit Injuria (Defence of Consent)