Volenti Non-Fit Injuria Report

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Volenti Non Fit Injuria Submitted by Supervised by Sarika JhanwarMr. Prem Chand Roll No. : 18 FIRST YEAR National Law University Delhi (India) 2014 Declaration I hereby declare that the work reported in this project report entitled “Volenti Non Fit Injuria” submitted at National Law University, Delhi is an outcome of my work carried out under thesupervision of Mr. Prem Chand. I have duly acknowledged all the sources from which the ideas and extracts have been taken. To the best of my understanding, the project is free from any plagiarism issue. Sarika Jhanwar National Law University, Delhi 27 October, 2014 TABLE OF CONTENTS TITLE PAGE NUMBER Table of cases Chapter I: Definition, Essentials and Consent in Different Matters 1.1 Definition and Preview…show more content…
Harwood, the plaintiff was injured while rescuing a woman who was in grave danger. The defendants’ servant left a horse-drawn van in a crowded street unattended. When he was away, two boys came and threw a stone at the horses due to which they broke free and started running. The plaintiff saw this and he saw that a woman was in grave danger and to save her he ran out and stopped the horses. But while doing so, one of the horses fell on him and injured him. He sued the defendants but his suit for action was dismissed. Then he filed an appeal and was awarded damages for personal injuries to the agreed amount of 350. The court held that the maxim of volenti non fit injuriawas not applicable. The doctrine of the assumption of risk does not apply where the plaintiff has, under exigency caused by the defendant’s wrongful misconduct, consciously and deliberately faced a risk, even of death, to rescue another from imminent danger of personal injury or death, whether the person endangered is owed a duty of care by the plaintiff or

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