Sciens
Encyclopedia
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
s which require participants in dangerous sports to acknowledge certain risks in the sport are usually drafted to set-up a potential sciens defence.
says that "volenti non fit injuria" ("free will does not make an injury"). In such instances, the claimant is said to be volens
(voluntarily assuming the risk), and merely being sciens alone is normally insufficient. For example, if the claimant had to exit a grocery store, and there was a sign warning of a wet floor by the exit, it is not usually a defence to say that the claimant knew of the risk of the wet floor, if the claimant had no other way to leave the store, and thus had to walk across the slippery surface in any event.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, 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
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
by way of defence. For example where a claimant
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
suffers a personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
, the respondent
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
to the claim may aver that the claimant was aware of the risk when they undertook their course of conduct. Clauses in contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
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 lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
says that "volenti non fit injuria" ("free will does not make an injury"). In such instances, the claimant is said to be volens
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...
(voluntarily assuming the risk), and merely being sciens alone is normally insufficient. For example, if the claimant had to exit a grocery store, and there was a sign warning of a wet floor by the exit, it is not usually a defence to say that the claimant knew of the risk of the wet floor, if the claimant had no other way to leave the store, and thus had to walk across the slippery surface in any event.