volenti non fit injuria

Cards (3)

  • volenti non fit injuria
    a person who expressively or impliedly agrees with another to run the risk of harm created by another cannot sue regarding damages when the risk occurs
  • subjective test
    D cannot argue that C ought to have been aware of the risk
  • D must show
    • C had knowledge of the perceived risk involved (Stermer v Lawson)
    • C exercised free will (Smith v Baker)
    • C voluntarily accepted the risk (Haynes v Harwood)