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In cases of volenti non fit injuria, a person who consents to bear the risk of an act, cannot complain…

All four requirements apply to consent supporting volenti non fit injuria. The consent must be genuine, competent, voluntary and informed, and the defence extends only to…

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In cases of volenti non fit injuria, a person who consents to bear the risk of an act, cannot complain for the injury so sustained. The standard of consent speculated by tort law for application of this maxim is that the consent shall be:
(i) Real and valid
(ii) Must be given by the person having capacity and competency
(iii) Voluntary and based upon adequate information
(iv) limited to the act and its immediate consequences

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Answer and explanation

Correct answer D

All four requirements apply to consent supporting volenti non fit injuria. The consent must be genuine, competent, voluntary and informed, and the defence extends only to the act and consequences within its scope.

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