Volenti

Volenti or Volenti non fit injuria is a defence against Unintentional Delicts. It is an argument that as the persuer had accepted the risk, there can be no valid claim for the injury sustained.

An example of this is in Titchner v British Railways Board. A girl who was injured by a train after climbing a fence to cross the railway line was found to have voluntarily accepted the risk with her dangerous behaviour. Although there was no duty of care found, the court additionally stated that even if there was, she had voluntarily and willingly accepted the risk.

Volenti does not apply to harm to rescuers, or to passengers riding in cars where the driver has compulsory third party insurance (however this could be contributory negligence), nor does it apply where the defender had a duty to prevent an act (e.g., if a priosner hangs himself in jail, the authorities cannot plead volenti).