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
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing ...
''. The term ''volens'' itself is often used in contradistinction to the terms ''
sciens
In law, ''sciens'', the Latin word for "knowingly", 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 r ...
'' (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
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
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 some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own neg ...
.
In
contract law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...
, many clauses in
contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
s which at first appear to be
exemption clauses relating to
personal injury
Personal injury is a legal term for an Injury (law), injury to the body, mind, or emotions, as opposed to an injury to property. In common law, common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the ...
(which are in many countries invalid by law
[See 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 Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
) are in fact phrased so as to demonstrate that the person signing the contract was aware of and voluntarily accepted the risk of personal injury, which may then subsequently establish a successful ''volenti'' defence.
Footnotes
{{Italic title
Latin legal terminology