Consent (volenti)

• Consent (volenti non fit injuria):

  This is a full defence and is when the claimant accepts a voluntary assumption of the risk of harm. If successful the claimant recieves no damages.
• To succeed in volenti, defendant must prove:

  • knowledge of precise risk involved
  • exercise of free choice by claimant
  • a voluntary acceptance of the risk
• Stermer V Lawson - volenti defence failed because claimant didn't have a full understanding of the nature of the actual risk.