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The National Law Institute University, Bhopal: Synopsis Topic:-Understanding The Scope of Volenti Non Fit Injuria

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THE NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL

Synopsis
Topic:-Understanding the Scope of Volenti non fit injuria

Submitted to: - Submitted by:-


Ms. Kavita Singh Raj Chouhan
(Associate Professor in Torts) (2018BALLB91)
THE NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL

Introduction

According to Salmond, “A tort is a civil wrong for which the remedy is a


common law action for unliquidated damages and which is not exclusively the
breach of a contract, or the breach of Trust, or the breach of other merely
equitable obligation”.

The justifications for wrong acts committed or omissions made, provided by a


defendant are known as defences, under Law of Torts.
The defence of Volenti non fit injuria is a general defence in Law of Torts.A
person,who has the knowledge of the risk involved and voluntarily agrees to
suffer harm,cannot claim damages.The consent is either expressed or
implied,however such consent must be obtained freely and not by fraud.

Objectives-
 To Understand and explain the meaning of Volenti non fit injuria.
 To understand and explain the development of Volenti non fit injuria.
 To explore scope and nature of Volenti non fit injuria.
 To understand necessity of this defence.

Method of study-
The proposed piece of work is based on Doctrinal Method. Largely based on
Secondary and Electronic sources of data.

Review of Literature- This project could not have been completed without referring
to the following resources:

 Legal Database Like Manupatra.


 Law of Torts by Dr. R.K Bangia(24th edition).
 Lectures and Presentations of the Professor.
 Law of Torts by S.P. Singh(5th edition).
THE NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL

Body of project-
1. Introduction
1.1 Torts.
1.2 Defences.
2. The Meaning of Volenti non fit injuria.
3. Elements of volenti non fit injuria.
4. Origin and development of Volenti non fit injuria.
5. Types of consent:-
5.1 Free consent.
5.2 Consent obtained by fraud.
5.3 Consent under compulsion.
5.4 Consent to illegal act.
5.5 Consent by minor and person of unsound mind.
6. Knowledge of the risk-no consent.
7. Negligence of defendant.
8. Limitations to scope of Volenti non fit injuria.
8.1 Rescue cases.
8.2 By the Unfair Contract Terms Act, 1977 .
9. Contributory negligence and Volenti non fit injuria.
Conclusion-

Bibliography-

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