Maxim 6.1.24
He who consents cannot receive an injury.
Source: Broom, Max. 268, 269, 271, 395; Wing. Max. 482; 2 Bouv. Inst. n. 2279; Plowd. 501; Weisman, 21j
Difficulty 2/5 — Approachable
Explanation
One who freely consents to an act cannot later claim injury from it — voluntary agreement extinguishes the right to complain. This maxim does not apply where consent was obtained by fraud or duress.
Where this applies
- A boxer cannot sue his opponent for punching him in the ring because he freely consented to the risks of the sport.
- A patient who signs an informed consent form for surgery cannot later claim the surgeon committed battery by operating on her.
- A bungee jumper who signs a liability waiver and jumps voluntarily cannot sue the company when the experience is exactly as scary as advertised.
Cite this maxim
NeCede Max. 6.1.24 — He who consents cannot receive an injury. — Broom, Max. 268, 269, 271, 395; Wing. Max. 482; 2 Bouv. Inst. n. 2279; Plowd. 501; Weisman, 21j
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