Voluntary Assumption

What is Voluntary Assumption of Risk in Tort Law?

Quick Definition

Voluntary assumption of risk, also known as "volenti non fit injuria," is a defence in tort law where a claimant is considered to have accepted the risks associated with a particular activity, thereby absolving the defendant of liability for any resulting harm.

In Context

This defence is often used in cases where individuals willingly engage in activities that carry inherent risks. For example, a spectator at a sporting event may be deemed to have accepted the risk of being hit by a stray ball. The case of Morris v Murray (1991) is a classic example, where a passenger who willingly flew with an intoxicated pilot was found to have accepted the risk. In exams, students might explore how this defence applies and the extent to which a claimant's consent must be informed and voluntary.

See Also

• Negligence

• Contributory Negligence

• Breach of Duty

Learn More

Explore our Tort Law Notes for deeper case law, examples, and revision tips.