In which of the following cases the plea of volenti non fit Injuria can be taken :
The defence of volenti non fit injuria requires that the plaintiff not only had knowledge of the risk but also voluntarily agreed to undertake it, so it is available where…
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In which of the following cases the plea of volenti non fit Injuria can be taken :
Answer and explanation
Correct answer D
The defence of volenti non fit injuria requires that the plaintiff not only had knowledge of the risk but also voluntarily agreed to undertake it, so it is available where the "plaintiff had knowledge and volunteered to take the risk". As Smith v Baker establishes, the fact that the "plaintiff has knowledge of the risk" is not enough; free consent to run the risk is essential.
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