Volenti Non Fit Injuria – Law of Torts – Notes

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Volenti non fit injuria – When the plaintiff suffers some harm with his own consent, it is a complete defence for the defendant.

Hall v. Brooklands Auto-Racing Club [1932 All ER 208] – The plaintiff, a spectator at a Car race, being conducted by the defendant was injured when a Car was accidentally thrown into the spectator’s enclosure. It was held that the plaintiff impliedly took the risk of such injury the danger being inherent in the sport, and therefore, the defendants were held not liable.

Padmavati v. Dugganaika [1975 ACJ 222] – While the driver was taking the jeep for filling petrol in the tank, two strangers took lift in the jeep. Suddenly one of the bolts fixing the right front wheel to the axle gave way toppling the jeep. The two strangers were thrown out and sustained injuries, and one of them died as a consequence of the same. It was held that neither the driver nor his master could be made liable, first, because it was a case of a sheer accident and, secondly, the strangers had voluntarily got into the jeep and as such, the principle of volenti non fit injuria was applicable to this case.

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