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What must be shown to establish the defence of volenti non fit injuria in tort?

Volenti non fit injuria requires the plaintiff to know and freely accept the relevant risk. Acceptance may be express or inferred from conduct, but mere knowledge of danger…

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What must be shown to establish the defence of volenti non fit injuria in tort?

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Correct answer C

Volenti non fit injuria requires the plaintiff to know and freely accept the relevant risk. Acceptance may be express or inferred from conduct, but mere knowledge of danger is insufficient. Smith v. Baker & Sons, [1891] AC 325, illustrates the distinction.

Option feedback

Option A

Incorrect. Awareness of a danger alone does not establish voluntary acceptance.

Option B

Incorrect. A plaintiff must understand the relevant risk for the acceptance to be informed.

Option C

Correct. Both knowledge of the risk and free acceptance of it are required.

Option D

Incorrect. Breach of a statutory duty is not an element of voluntary assumption of risk.

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