Question

Volenti non fit injuria is available as a defence ___________________.

• A. when the plaintiff consents to take risk but the defendant is negligent
• B. when the plaintiff consents to take risk and the defendant is also not negligent
• C. both (a) and (b)
• D. neither (a) nor (b)

Answer 1

The correct option is B when the plaintiff consents to take risk and the defendant is also not negligent

Volenti non fit injury is a common law doctrine. This doctrine states that if someone willingly places themselves in position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in a tort. 'Volenti' is also known as 'voluntary assumption of risk".