The defence of volenti non fit injuria, is not available ___________________.

if the consent is obtained by a compulsion

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if the consent is obtained by fraud

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if the consent is obtained under a mistake

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all of the above

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Solution

The correct option is D all of the above
The defence of violent non fit injuria absolves the tort- feasor from any liability, if it is proved that the tort arose out of an informed and wilful act of the injured/aggrieved party. Hence, the consent of the injured/aggrieved party forms the essence of this defence. It is crucial that the consent must be free.

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