Volenti Non Fit Injuria Flashcards
(12 cards)
What is the basic principle of volenti non fit injuria?
A. A person who voluntarily consents to a risk cannot later claim for injury from that risk
B. A person must mitigate their losses after a breach
C. A defendant must prove absence of negligence
D. A contract can override statutory duties
A. A person who voluntarily consents to a risk cannot later claim for injury from that risk.
Explanation: Volenti is a complete defence in negligence: if the claimant has full knowledge of the risk and freely consents, they cannot sue for resulting injury
Which of the following is NOT required for volenti to apply?
A. Full knowledge of the risk
B. Free and voluntary agreement
C. A formal written waiver
D. Capacity to consent
C. A formal written waiver.
Explanation: Volenti requires that the claimant have full knowledge of the risk, freely and voluntarily consent, and be of capacity—but no specific form (written or verbal) is mandated for that consent
In which case is volenti most likely to succeed?
A. A spectator at a boxing match injured by a stray punch
B. A passenger in a car injured by the driver’s negligence
C. A shopper slipping on a wet floor in a supermarket
D. A patient harmed by medical negligence
C. A shopper slipping on a wet floor in a supermarket.
Explanation: Incorrect—volenti rarely succeeds for unwarned risks
Volenti will NOT apply if:
A. The risk was imposed by statute
B. The claimant consented to the precise risk
C. The claimant knew and accepted the risk voluntarily
D. The defendant owed a non-delegable duty
D. The defendant owed a non-delegable duty.
Explanation: Incorrect—volenti can still potentially apply against a statutory duty unless the duty is absolute
Alice signs a waiver before skydiving stating she understands the risks. Her parachute fails due to instructor error. Can she claim?
A. No—she voluntarily assumed the risk in the waiver
B. Yes—waivers cannot exclude negligence liability
C. Yes—only statutory duties cannot be waived
D. No—parachute failure is unforeseeable
A. No—she voluntarily assumed the risk in the waiver.
Explanation: A valid waiver with informed consent bars claims for negligence in most sporting contexts
Bob watches a friend perform a dangerous stunt and jumps in to help, suffering injury. Can he claim volenti?
A. Yes—by helping, he accepted the risk
B. No—rescuer exception overrides volenti
C. Yes—spectator assumption applies
D. No—no duty to rescue implies no consent
B. No—rescuer exception overrides volenti.
Explanation: A rescuer is treated as a primary victim, not a volunteer to the risk; volenti does not apply to genuine rescuers
Carla enters a fenced motocross track after seeing warning signs but is hit by a stray bike. Is volenti a defence?
A. No—the fencing implies no consent
B. Yes—clear warnings create consent to known risks
C. Yes—public policy bars all track injuries
D. No—liability rests with the track owner only
C. Yes—clear warnings create consent to known risks.
Explanation: Where warnings are prominent and the entrant knows and accepts risks, volenti can succeed
Dan attempts unauthorized roof access for thrill-seeking and falls. Volenti applies if:
A. He had no knowledge of the danger
B. He was unaware of trespass consequences
C. He willingly climbed despite clear signage
D. He was under duress
D. He willingly climbed despite clear signage.
Explanation: Incorrect—volenti requires voluntariness and knowledge, not duress
Which factor may defeat a volenti defence?
A. The risk was open and obvious
B. The claimant was under statutory duty to act
C. The risk was trivial
D. The defendant did not warn of additional latent risks
A. The risk was open and obvious.
Explanation: Open obvious risks more readily support volenti; latent undisclosed hazards may defeat it
Which scenario undermines a written volenti waiver?
A. It was signed under time pressure with no opportunity to read
B. It was in large, clear print
C. It fully described all significant risks
D. It was signed after independent legal advice
B. It was in large, clear print.
Explanation: Incorrect—clear, legible waivers are more likely upheld; hidden or rushed waivers may be invalid
In a sports context, volenti will fail if:
A. The participant is injured by an unforeseeable rule breach
B. The participant consented to all rule-based risks
C. The injury arises from the sport’s inherent dangers
D. The sport involves a professional athlete
C. The injury arises from the sport’s inherent dangers.
Explanation: Incorrect—consent to inherent risks is volenti; unknown rule breaches may negate consent
Which reflects the scope of volenti in workplace liability?
A. It always bars employee claims
B. It cannot override non-delegable statutory duties
C. It applies universally to all workplace accidents
D. It is invalid if the employer provides PPE
D. It is invalid if the employer provides PPE.
Explanation: Incorrect—volenti may apply even with PPE if the employee knowingly and voluntarily accepts residual risks
