Volenti

• Volenti Non Fit Injuria

  Injury is not suffered by one who is willing.
• If D proves C consented to the negligence, he has a full defence.
• Volenti is a full defence meaning that D has proven he is not liable for the damage.
• Elements to Volenti

  1. C knows the precise risk involved
  2. C can exercise free choice
  3. C voluntarily accepted the risk
• Stermer v Lawson [1977]


  C must know the precise risk involved, not a general risk.
• Where there is not free choice

  1. C is pressured
  2. C has an obligation
  3. C is under duress
• Smith v Baker [1891] 


  Where D is forced to accept the risk, he has not exercised free choice.
• Ogwo v Taylor [1987]


  Where C has a duty to act, they are forced to act and cannot exercise free choice.
• ICI Ltd v Shatwell [1965]


  C ignored employer’s instructions. Voluntary acceptance of risk.