The principles of volenti non fit injuria have been restricted to allow the defence to apply only
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The principles of volenti non fit injuria have been restricted to allow the defence to apply only in limited circumstances. Are these circumstances too limited? For example, should the person getting into the car with an impaired driver still be allowed to recover in negligence? Is there not sufficient public knowledge of the dangers of impaired driving for people to understand the risk they assume? What about those who deliberately choose not to wear a seatbelt? Why should they potentially recover?
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Volenti only applies where the plaintiff has agreed to both the physical and legal risks associated ...View the full answer
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