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#defences #law #negligence #tort
The defence of volenti is applicable in cases where the claimant has consented to the risk(s) involved and cannot, therefore, complain of the consequential damage. In order to succeed in this defence the defendant must show that the claimant:
  1. knew of the nature and extent of the risk; and,
  2. voluntarily agreed to the risk of being injured by the defendant; and, in some cases,
  3. voluntarily agreed that there should be no legal liability for this. If successful, volenti acts as a complete defence.
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