LAWS1061 Lecture Notes - Lecture 12: High School Football, Voluntary Action, Contributory Negligence
Document Summary
[1] a plaintiff who is aware of a risk, and still puts himself in the position where the risk might eventuate, cannot recover damages if he suffers harm. There can only be a voluntary assumption of risk if: knowledge - the plaintiff had knowledge of the risk, voluntary action - the plaintiff voluntarily made the choice to undertake the risk. A plaintiff who was constrained by circumstances from making a free choice will not be regarded as acting voluntarily. [2] a voluntary assumption of risk is also called volenti non fit injuria or volens for short (where there is consent, there is no injury). It is a complete defence, which means that if a voluntary assumption of risk is proved, a plaintiff will recover nothing. The concept was described in reeves v commissioner of police: "the choice made must be free and unconstrained - ie voluntary, deliberate and informed"[3] A defendant must have knowledge of the risk.
