Term
Volenti non fit injuria
What does "Volenti non fit injuria" mean?
Answer
Meaning
It means 'to a willing person, no injury is done,' indicating the claimant consented to the risk.
The limitation period and dependency claims (in case of death) affect awards.
Remedy Type: Equitable remedies like injunctions can order the defendant to do or refrain from doing something.
Prohibitory injunctions prevent harmful acts. Mandatory injunctions require specific actions to correct wrongs. Interlocutory injunctions are temporary, keeping the status quo pending trial.
What does "Volenti non fit injuria" mean?
It means 'to a willing person, no injury is done,' indicating the claimant consented to the risk.
When is consent considered valid under the volenti defence?
Consent must be informed and voluntary.
How does contributory negligence affect damages?
It reduces damages when the claimant is partly at fault by apportioning blame and lowering compensation accordingly.
What is an inevitable accident defence?
Harm caused by an accident that could not have been prevented by any amount of care.
Define the act of God defence.
It applies when harm is caused by natural events beyond human control.
What does statutory authority mean as a defence?
The defendant's conduct was authorised by law, protecting them from liability.
How does illegality act as a defence?
Claims are barred if the claimant engaged in illegal conduct related to the claim.
What is the necessity defence?
Actions taken to prevent greater harm justify otherwise wrongful acts.
What are general damages?
Compensation for pain, suffering, and loss of amenities.
What are special damages?
Financial losses that can be quantified, such as medical costs and lost wages.
What are the main types of injunctions?
Prohibitory (stop an act), mandatory (require an act), interlocutory (temporary pending trial).
When might courts award damages instead of injunctions?
When injunctions are impractical or disproportionate.