VOLENTI NON FIT INJURIA 

Law of Torts

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

VOLENTI NON FIT INJURIA –

Tanmoy Mukherjee

Advocate

“Volenti non fit Injuria” means no injury is done to a willing person.

If the plaintiff knowingly and voluntarily accepts the risk of harm, the defendant is not liable.

It is a complete defence in the law of torts.

ESSENTIAL CONDITIONS-

1. Knowledge of the Risk (Scienti non fit Injuria)-

Plaintiff must know the nature and extent of the risk.

Mere knowledge is NOT enough; knowledge plus agreement = defence.

Reference Case-

2. Free and Voluntary Consent-

Consent must not be caused by:

→Coercion

→Fraud

→Mistake

→Undue influence

→Compulsion of job/duty

Reference Case-

3. Consent to the Specific Risk-

Consent to one risk ≠ consent to any risk.

Reference Case-

WHEN THE DEFENCE APPLIES-

Situations where the plaintiff genuinely accepts the risk-

(i) Participation in Sports-

Participants and spectators accept inherent risks.

(ii) Medical Treatment-

Patient who consents to operation cannot sue for inherent risks.

 (iii) Voluntary Ride or Lift-

If a person accepts a ride knowing the risks, he cannot sue.

(iv) Dangerous Premises-

If a person enters dangerous premises voluntarily, the occupier mAay use the defence.

DEFENCE NOT AVAILABLE-

(i)Rescue Cases-

Rescuers act under duty, not free consent.

 (ii) Negligence Beyond the Accepted Risk-

If the defendant is beyond ordinary negligence, the defence fails.

(iii)Consent under Compulsion (Employment)-

If danger comes from job pressure, consent not free.

 (iv) Illegal Acts (Ex Turpi Causa)-

If the plaintiff and defendant engage in illegal acts together, the defence may apply differently.