ExpertMedium2 marksMultiple Choice
ACCA · Question 10 · Corporate and Business Law
What is the effect of a successful plea of 'volenti non fit injuria' in a negligence claim?
What is the effect of a successful plea of 'volenti non fit injuria' in a negligence claim?
Answer options:
A.
It reduces the damages payable by the defendant proportionately.
B.
It acts as a complete defence, absolving the defendant of all liability.
C.
It shifts the burden of proof to the claimant.
D.
It limits liability to pure economic loss only.
How to approach this question
Translate the Latin phrase and understand its legal effect.
Full Answer
B.It acts as a complete defence, absolving the defendant of all liability.✓ Correct
Volenti non fit injuria (voluntary assumption of risk) is a complete defence in tort. If proven, the claimant recovers nothing because they fully understood and consented to the risk of injury.
Common mistakes
Confusing volenti (a complete defence) with contributory negligence (a partial defence).
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