Volenti Non Fit Injuria - Tort Law

The concept of ‘Volenti Non Fit Injuria’ recognises that that to which someone consents cannot be considered an injury, in keeping with the decision in Rootes v. Shelton [1968] ALR 33.

But it is also to be appreciated that, in making such a judgment, the courts will look to consider the fact that knowledge is not assent, but merely evidence of assent in such cases because it has been recognised, in Nettleship v. Weston [1971] 3 All ER 581, that “Nothing will suffice short of an agreement to waive any claim for negligence”. However, it must also be remembered someone engaged in playing a lawful game takes on themselves the risks incidental to being a player, supported by Giles v. LCC (1903) 68 JP 10, and has no remedy for injuries received in the course of the game unless they are caused by some foul play amounting to negligence, in keeping with Caldwell v. Maguire and Fitzgerald [2001] EWCA Civ 1054.

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