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Volens
In law, ''volens'' is a state of mind, referring to voluntary acceptance of a specific risk. It is usually pleaded by way of defence, and often employs the legal Latin ''volenti non fit injuria''. The term ''volens'' itself is often used in contradistinction to the terms ''sciens'' (meaning mere knowledge of the risk, without any voluntary assumption of it). The effect of the defence varies from country to country. In some countries it is (or can be) a total defence to show that the claimant knew and accepted the risk of the injury in undertaking their course of conduct. In other countries it can give rise to a partial defence of contributory negligence. In contract law, many clauses in contracts which at first appear to be exemption clauses relating to personal injury (which are in many countries invalid by lawSee for example the Unfair Contract Terms Act 1977 in the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Volenti Non Fit Injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict. ''Volenti'' applies only to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. ''Volenti'' is also known as a "voluntary assumption of risk". ''Volenti'' is sometimes described as the plaintiff "consenting to run a risk". In this context, ''volenti'' can be distinguished from legal consent in that the latter can prevent some torts arising in the first place. For example, consent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sciens
In law, ''sciens'', the Latin word for "knowlingly", describes a state of mind. It refers to knowledge of a fact, usually of a specific risk. It is usually pleaded by way of defence. For example, where a claimant suffers a personal injury, the respondent to the claim may aver that the claimant was aware of the risk when they undertook their course of conduct. Clauses in contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...s which require participants in dangerous sports to acknowledge certain risks in the sport are usually drafted to set up a potential ''sciens'' defence. Extent of the defence In most countries, the defence is a limited one, and is ordinarily only effective (if at all) where the claimant, despite being ''sciens'', still undertakes the risk. The common law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |