VOLENTI NON FIT INJURIA

1. Key Elements

Volenti (“to a willing person, no injury is done”) is a complete defence. If successful, the claimant recovers nothing. The defendant must prove that the claimant:

• Knew the specific risk;

• Had full understanding of it (subjective test);

• Freely and voluntarily accepted it.

2. Key Cases

• Morris v Murray [1991] – claimant accepted risk of flying with drunk pilot.]

• Smith v Baker & Sons [1891] – knowledge of risk alone is not consent.

3. Limitations

• No real freedom of choice (e.g. employment pressure) weakens the defence.

• Road Traffic Act 1988, s149 prevents reliance on volenti where compulsory motor insurance applies.

• In sport, consent covers inherent risks but not negligent conduct outside the rules (Vowles v Evans [2003]).