Volens
Encyclopedia
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 contract
s which at first appear to be exemption clauses relating to personal injury
(which are in many countries invalid by law) 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.
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, and often employs the legal Latin volenti non fit injuria
Volenti non fit injuria
Volenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort or delict...
. The term volens itself is often used in contradistinction to the terms sciens
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...
(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
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...
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
Contributory negligence
Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered...
.
In contract law, many 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 at first appear to be exemption clauses relating to 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...
(which are in many countries invalid by law) 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.