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Volenti non-fit injuria
It means: Where the sufferer is willing, no injury is done.
No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it.
In order to plead this defense, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e he will get no remedy in law).
- Consent must be given freely
- Consent must not have been given to an illegal act
- Knowledge of risk is not the same thing as consent to run the risk
- Smith vs Baker (1891) AC 325: "One who has invited or assented to act being done toward him cannot, when he suffers from it, complain of it as a wrong".
Other exceptions to Tort liability