Professional Documents
Culture Documents
VNFI
VNFI
VNFI
TORT
GENERAL DEFENCES
1. Volenti non fit 5. Act of God
Injuria / consent
6. Private Defence
2. Illegality
7. Necessity
3. Mistake
8. Statutory Authority
4. Inevitable accident
What is a Defence?
A Defence, if proven, would negate liability
on part of the defendant for his wrongful act
or omission.
The burden lies on the defendant to prove
his defence.
Consent / VOLENTI NON FIT
INJURIA
The maxim basically means “no wrong is
done to one who consents”
‘One who has invited or assented to an act
being done towards him cannot, when he
suffers from it, complain of it as a wrong.’
- Smith v Baker & Sons (1891) AC 325
VOLUNTI NON FIT INJURIA
DEFINITION &
requirements of the
defence
LIMITATIONS
Sports spectators
Wooldridge
Hall
CONSENT/
VOLENTI NON FIT INJURIA
VNFI is a complete defence that applies
where the Df can prove that the Pf knew of
the risk of harm or injury and knowing so,
has voluntarily submitted or consented to
that risk.
Burden of proof – on Df – to prove that the
Pf had knowledge of the risk and consented
to it freely.
Essential elements;
1. knew of the risk of harm
2. voluntarily submitted or consented –
consent was freely given.
1.Defendant
– creates a
situation of
danger
Victim in
danger
2. Plaintiff
(RESCUER)
Rationale
A person who creates a situation of danger
must foresee that a rescuer is likely to
come to the assistance of the victims.
Mentally disabled
Consent usually by Guardian or Court
Even w/o consent – if doctor thinks its for
best interest of patient