volenti non fit injurian.
/vəʊˈlɛnti nəʊn fɪt ɪnˈdʒjʊrɪə/ Law.
No injury is done to a willing person: a defence to an action whereby it is claimed that a person who sustained an injury agreed to risk such injury.
ΘΚΠ
society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > specific pleas in defence or excuse
essoinc1330
oulter-le-mer1607
uncore prist1607
alibi1612
plene administravit1623
autrefois acquit1632
self-defence1651
volenti non fit injuriaa1656
Twinkie defence1979
a1656 E. Wingate Maximes of Reason (1658) cxxii. 482 If the Tenant in an Assise of an house desire the Plaintiffe to dine with him in the house, which the Plaintiffe doth accordingly, but doth not clame the house at that time; this is no entry or possession to cause the Assise to abate; because if he had been a stranger, he had been no trespasser for volenti non fit injuria.
1743 C. Cibber Egotist 6 Volenti, you know, non fit injuria. The Publick is not obliged to buy.
1872 Law Jrnl. (Court of Exchequer) 41 ii. 101/2 Then comes the great difficulty; it is said ‘volenti non fit injuria’. It is true that he was ‘volens’, in the sense that he entered the employment voluntarily.
1933 Law Rep.: King's Bench Div. 2 299 We are at present disposed to take the view that the respondent is precluded from recovering on the principle volenti non fit injuria.
1980 Oxf. Compan. Law 1280/1 Volenti non fit injuria.., the principle that an injured person cannot complain of harm done him if he knew of and voluntarily incurred the risk of that harm... The plea is practically excluded in employment cases but is still relevant to cases of participation in dangerous sports.
This entry has not yet been fully updated (first published 1986; most recently modified version published online March 2018).
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n.a1656