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NeCede's

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.

Legal domains

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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