Consent acts as a complete bar to liability in tort under the doctrine of voluntary assumption of risk.
1. Volenti Non Fit Injuria: Concept
The Latin maxim translates to: "To a willing person, no injury is done." If a plaintiff voluntarily consents to take the risk of harm, they cannot subsequently sue in tort for any resulting damage.
2. Core Elements for the Defense
- Knowledge of Risk: The plaintiff must have known that a risk existed. (Mere knowledge is not consent: Scienti non fit injuria).
- Free Agreement: The plaintiff must have voluntarily agreed, with free consent, to run that specific risk.
3. Exceptions and Limitations
- Rescue Cases: The defense does not apply if a plaintiff runs a risk to rescue someone from danger created by the defendant's negligence (e.g., Haynes v. Harwood). The law recognizes a moral duty to save lives.
- Negligence: Consent to run a natural risk does not imply consent to spousal negligence. For example, a spectator at a cricket match consents to the risk of being hit by a ball, but not to the risk of stadium seats collapsing due to poor maintenance.