Question Details

C) Rama did not take the risk of such injury, and she only consented to watching the race and hence the defendant was liable.
(A) Knowledge of the risk does not always amount to consent.
(B) Knowledge of a risk does not precede consent.
(C) Knowledge of the risk always amounts to consent.
(D) Mere perception of the existence of danger amounts to consent.


Which of the following is not an element to claim the defence of volenti non fit Injuria?

Options

A

Prior knowledge of the plaintiff about the risk involved.

B

Free consent.

C

Plaintiff is compelled to agree to a risk by the defendant.

D

Voluntary acceptance of the risk by the plaintiff.

Show Answer

Correct Answer :

Option C

Plaintiff is compelled to agree to a risk by the defendant.

Solution :

The correct option is: Plaintiff is compelled to agree to a risk by the defendant.


Explanation:

The legal maxim "Volenti non fit injuria" means "to a willing person, injury is not done." It serves as a complete defense in tort law when a plaintiff voluntarily consents to take the risk of harm, knowing the nature and extent of the risk. Consequently, the defendant is not held liable for any resulting harm.


The essential elements required to successfully claim the defense of volenti non fit injuria are:

1. Knowledge of the risk: The plaintiff must have prior knowledge and awareness of the existence and nature of the risk involved.

2. Voluntary agreement/acceptance: The plaintiff must voluntarily agree or consent to suffer the risk without any compulsion, pressure, or coercion.

3. Free consent: The consent given by the plaintiff must be free, genuine, and uncoerced.


If the plaintiff is compelled to agree to a risk by the defendant, the consent is not voluntary. Coercion or compulsion completely negates the defense of volenti non fit injuria. Therefore, compulsion by the defendant is NOT an element to claim this defense, making it the correct answer.

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