VOLENTI NON FIT INJURIA
(NO INJURY IS DONE TO ONE WHO CONSENTS)
The legal maxim "Volenti non fit injuria" means that no injury is done to one who consents. This maxim applies when a person voluntarily assumes a risk or consents to an act and cannot later complain of injury or damage resulting from that act.
PRINCIPLE AND APPLICATION
A person who consents to an act assumes the risk of potential harm or injury. The maxim only applies if the person has given informed consent, knowing and willingly agreeing to take the risk. If the other party was negligent or reckless in causing the injury, the maxim does not apply. The consent must be genuine and not obtained through fraud or deception. It is also applied in contractual disputes, where the maxim may be used to argue that a party consented to a particular term or condition.
See the case of Ratcliff v McConnell & Anor | [1997] EWCA Civ 2679
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