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Diya Arvind   21 January 2022

legal maxim

what is the scope of the maxim "volenti non fit injuria"?

 1 Replies

Aarushi   21 January 2022

The maxim Volenti non fit injuria means that “to a willing person, no injury happens”. It means that when any damage is done against a person who had already consented to the act which led to that damage, then no injury is said to be done. The consent taken has to be express or implied, must be free and must not be attained by fraud. This maxim plays a very important role in the Law of Torts. In such cases, the person who has suffered the damage cannot claim for any compensation. It is very important to note that the person who has consented to an act should have the knowledge related to the risk involved in that act and has voluntarily agreed to commit such an act. Thus, whenever the person claiming for any damage has voluntarily agreed to do an act involving risk after knowing the risks involved in doing the act, in case of any damage, he cannot claim for a compensation.

Hall v. Brookland

In this case, the plaintiff went to see a car race and when 2 cars collided in the race, he was hurt while he was sitting among the audience. Here, this maxim of volenti non fit injuria applies, according to which, when the plaintiff went to see the car race, he had consented to such damages.

Padmavati v. Dugganaika

In this case, the plaintiffs who had asked for lift from the defendants, were hurt and one of them died in an accident which occurred due to a loose nut in the jeep. Here, the Court held that the defendants were not liable to pay any damages, since when the plaintiffs sat in the jeep of the defendants, they had consented to such an accident.

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