Volenti non fit injuria : defence of consent will free

Hall vs Brooklands auto racing club , 2 cars collided hall was injured , filed suit against brooklands , he
was aware of such a risk

Padmavati vs Dugga nayaka : Jeep with driver to fill petrol , 2 ppl asked for lift on the way , bolt of axle
fell off and jeep overtured one injured and one died, wife of victim filed suit , court held that either
driver or master was not liable as they were aware there could be an accident and it was their decision
to take lift.

Essentials:

Consent must be free

Consent obtained by fraud is not acceptable for this defence.

Consent obtained by compulsion also not acceptable

Mere knwlegede doesnot imply assent

Two points need to be proved :

Plantiff knew about the risk

He knowing the same agrees to suffer

Smith vs baker : Smith works in rockcutting company and knew dangers and warked as a drill machine
operator , overhead conveyer belt passes on top of him carrying stones , one day stone fell on his head.
Smith sued baker , baker used this maxim . court held that he had consented for injuries while
continuing his work but not aware of this hence baker was held liable

Exceptions:

Rescue missions : Hagen Hales vs harwood : defendant servant left 2 horse cart unattended in front of a
motor on a busy street

Unfair contract terms