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torts:volenti_non_fit_injuria

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torts:volenti_non_fit_injuria [2021/04/09 22:15]
127.0.0.1 external edit
torts:volenti_non_fit_injuria [2021/05/30 13:49] (current)
LawPage
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-====== Volenti non fit injuria ====== +====== Volenti non fit injuria : Law of Torts ====== 
-Damage suffered by consent is not a cause of action. When a person consents to the infliction of some harm upon himself he has no remedy for that in tort. consent to suffer the harm may be express or implied.\\+Damage suffered by consent is not a cause of action. When a person consents to the infliction of some harm upon himself he has no remedy for that in tort. Consent to suffer the harm may be express or implied.\\
 For example-\\ For example-\\
   - You invite somebody to your house you cannot sue him for the trespass.   - You invite somebody to your house you cannot sue him for the trespass.
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 It is the responsibility of the owner of the place where every time risk of potential dangerous or it is hazardous area.\\ It is the responsibility of the owner of the place where every time risk of potential dangerous or it is hazardous area.\\
-**Smith v.s Baker – court held that **//mere knowledge on the part of plaintiff was not sufficient. The defendant ought to have take due care and diligence.//\\+**Smith vs Baker – court held that **//mere knowledge on the part of plaintiff was not sufficient. The defendant ought to have take due care and diligence.//\\
 **Principle laid down- **//A person willingly undertake to do the work which is intrinsically dangerous notwithstanding that care has been taken to make it as little intrinsically dangerous as possible.//\\ **Principle laid down- **//A person willingly undertake to do the work which is intrinsically dangerous notwithstanding that care has been taken to make it as little intrinsically dangerous as possible.//\\
 **Dann v.s Hamilton**- court rejected the defense of volenti fit non injuria- as the lady know the driver was under the effect of alcohol agreed to travel with him and the drive mat an accident.\\ **Dann v.s Hamilton**- court rejected the defense of volenti fit non injuria- as the lady know the driver was under the effect of alcohol agreed to travel with him and the drive mat an accident.\\