Applicability Of Volenti Non-Fit Injuria In Sports: Both From The Perspective Of Players And Viewers

Soumik Kumar & Aryan Khametra, Amity University Jaipur, Rajasthan

ABSTRACT

In This article we deal with One of the most important general defences in the Law of Torts is "volenti non fit injuria." This phrase is derived from the Latin phrase "to a willing person, injury is not done," which means that when a person voluntarily accepts and acknowledge risk while fully aware of the risks involved, He or She cannot sue the other party for any damages he or she suffers as a result of tort delict. For instance, a baseball fan hit by a foul ball while sitting in the stands cannot sue the team because most of the fans know that stray balls in the stands in an inevitable part of the game. Further in this article we will see the exception to this rule is that it merely applies to risks that a reasonable person would consider being taken by the subject's activities. For instance, a soccer player consents to being struck and to other expected game-related injuries, but not to being punched by his opponent or to engaging in any other behaviour that is not permitted by the rules of the game. Finally, conclusions would be drawn out from the cases and articles in which this maxim can be used as a defence by both the appellant, or the person to whom damages were caused, and by the respondent, or the one who is said to have cause the said damages.

Keywords: Tort, defence of violenti non fit injuria, consent, damages