Volenti Non Fit Injuria in United Kingdom

Definition of Volenti Non Fit Injuria

Assumption of risk – the defence to a tort claim if what has happened to the plaintiff is something he should have reasonably expected.

Volenti non fit injuria in Legal Latin

Meaning of the latin term “Volenti non fit injuria” from the University of Kent: No wrong is done to one who consents’ – The defence that the claimant consented to the injury or (more usually) to the risk of being injured. Knowledge of the risk of injury is not sufficient; there must also be (even if only by implication) full and free consent to bear the risk (Simms v Leigh Rugby Football Club Ltd [1969] 2 All ER 923). A claimant who has assumed the risk of injury has no action if the injury occurs. The scope of the defence is limited by statute in cases involving business liability and public and private transport.

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See Also

• Legal Latin Maxims
• Legal Latin Quotes
• Legal Latin Dictionary