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NeCede's

Maxim 7.4.25

Damage derived by consent is not a cause of action.

Source: Wing. Max. 482; Bract. fol. 20; Weisman, 59s Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Volenti non fit injuria — one who voluntarily consents to a risk of harm cannot afterward sue for damages arising from that very risk.

Where this applies

  • A boxer who agrees to step into the ring cannot sue his opponent for punching him during the match.
  • A skydiver who signs a waiver acknowledging the risks of jumping cannot sue the company when her parachute opens roughly and she sprains her ankle.
  • A football player who knowingly accepts the risk of contact injuries cannot claim damages when he gets tackled hard during a game.

Legal domains

Cite this maxim

NeCede Max. 7.4.25 — Damage derived by consent is not a cause of action. — Wing. Max. 482; Bract. fol. 20; Weisman, 59s

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