Volenti Non Fit Injuria in UK Law
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Kirkham v Chief Constable of the Greater Manchester Police
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Where a man of sound mind injures himself in an unsuccessful suicide attempt, it is difficult to see why he should not be met by a plea of volenti non fit injuria. He has not only courted the risk of injury by another; he has inflicted the injury himself. In Hyde v. Tameside Area Health Authority, the plaintiff, who had made an unsuccessful suicide attempt, brought an action for damages against the Health Authority alleging negligence on the part of the hospital staff.
So I would be inclined to hold that where a man of sound mind commits suicide, his estate would be unable to maintain an action against the hospital or prison authorities, as the case might be. Volenti non fit injuria would provide them with a complete defence. There should be no distinction between a successful attempt and an unsuccessful attempt at suicide.
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Nettleship v Weston
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Nothing will suffice short of an agreement to waive any claim for negligence. The plaintiff must agree, expressly or impliedly, to waive any claim for any injury that may befall him due to the lack of reasonable care by the defendant: or, more accurately, due to the failure of the defendant to measure up to the standard of care that the law requires of him.
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Marshall v Osmond
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I think that the duty owed by a police driver to the suspect is, as Mr. Spokes, on behalf of the appellant, has contended, the same duty as that owed to anyone else, namely to exercise such care and skill as is reasonable in all the circumstances.
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Reeves v Commissioner of Police of the Metropolis
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People of full age and sound understanding must look after themselves and take responsibility for their actions. This philosophy expresses itself in the fact that duties to safeguard from harm deliberately caused by others are unusual and a duty to protect a person of full understanding from causing harm to himself is very rare indeed.
It is unusual for a person to be under a duty to take reasonable care to prevent another person doing something to his loss, injury or damage deliberately. On the whole people are entitled to act as they please, even if this will inevitably lead to their own death or injury. As a general rule the common law duty of care is directed towards the prevention of accidents or of injury caused by negligence.
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Lane v Holloway
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I agree that in an ordinary fight with fists there is no cause of action to either of them for any injury suffered. The reason is that each of the participants in a fight voluntarily takes upon himself the risk of incidental injuries to himself. But he does not take on himself the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of such severity is liable in damages unless he can prove accident or self-defence.
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Book Review: General Politics: Toleration
... ... Cohen believes in volenti non fit injuria , which is a jurisprudence principle that indicates ... ...
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The Drunk Driver's Passenger
... ... (as he then was) repelled a defence of volenti non fit injuria. The decision was subsequently criticised by ... ...
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Matthew Williams, Virtually criminal: Crime deviance and regulation online, Routledge: London & New York, 2006
... ... conduct in a chatroom, I would bring to mind the doctrine volenti non fit injuria ... The author’s contribution lies in his method ology, ... ...
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Invitees–‐Notice of Unusual Dangers
... ... it may form an element in other defences, such as volenti non fit injuria or contributory negligence. ” The problem in ... ...
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Ruff Decision For Pursuer Involved In Dog Walking Accident
... ... would probably have avoided the injury? ... did the maxim volenti non fit injuria apply (a person ... who knowingly and voluntarily risks ... ...
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The Letter Of The Law
... ... affront to justice to allow Elmer to profit from his own wrong (as volenti non fit injuria) ... Gray J dissented: in his judgment, the statutory ... ...
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Arbitration By Battle
... ... One defence to a claim in tort is that of volenti non fit injuria ('to he who consents there can be no injury'). Is volenti ... ...
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The Weekly Roundup: The Alliterative Edition
... ... action would seem likely to provoke a robust defence of volenti ... non fit injuria , although it might be thought that the couple ... did ... ...