Asked by Charlene Wright on Jul 12, 2024
Verified
Indicate under what circumstance the defence of voluntary assumption of risk or volenti will be available.
Voluntary Assumption
The act of willingly taking on duties, responsibilities, or liabilities, often without coercion or obligation.
Risk
The possibility of loss or damage arising from a specific action or event.
Defence
Legal arguments and evidence presented to counter a claim or accusation in a court of law.
- Understand the principle of voluntary assumption of risk and the defenses available in negligence cases.
Verified Answer
NK
Natalie KocinasJul 15, 2024
Final Answer :
The person being sued for negligence will be able to raise the defence of voluntary assumption of risk on the part of the plaintiff only where that plaintiff has voluntarily put himself in harm's way, to the extent that he not only assumed the physical risk but the legal risk as well, somehow conveying to the other party that he is absolved with that person of legal liability for any injury suffered.
Learning Objectives
- Understand the principle of voluntary assumption of risk and the defenses available in negligence cases.