Trace Your Case

ISSUE:

Can the defense of Volenti non fit Injuria be applicable to a person whose occupation is not in itself dangerous but suffers injury from an activity carried out in a different department of which he is fully aware but choses to continue to work.

RULE:

The question which has most frequently to be considered is not whether he voluntarily and rashly exposed himself to injury, but whether he agreed that, if injury should befall him, the risk was to be his and not his masters.

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