In the defence of volenti non fit injuria, what is the effect of the claimant's mere knowledge of a risk?
Volenti non fit injuria requires voluntary acceptance of the risk. Knowledge is relevant, but it does not by itself establish that the claimant agreed to run the risk. In…
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In the defence of volenti non fit injuria, what is the effect of the claimant's mere knowledge of a risk?
Answer and explanation
Correct answer B
Volenti non fit injuria requires voluntary acceptance of the risk. Knowledge is relevant, but it does not by itself establish that the claimant agreed to run the risk. In Smith v. Baker & Sons [1891] AC 325, a worker's awareness that stones were lifted overhead did not by itself establish voluntary acceptance of that danger.
Option feedback
Option A
Incorrect. Knowing of the risk does not show whether the defendant took reasonable care.
Option B
Correct. The defendant must establish voluntary acceptance of the risk in addition to the claimant's awareness of it.
Option C
Incorrect. An apparent risk can be known without being voluntarily accepted.
Option D
Incorrect. Knowledge is relevant to consent but does not settle whether consent was given.
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