ASSUMPTION OF RISK AND NEGLIGENCE

Authors

  • DOUGLAS J PAYNE

Keywords:

Negligence

Abstract

This article concerns the debate surrounding the application of the maxim volenti non fit injuria to negligence actions, that is, whether a duty of care is owed to a person who consents to a risk. It explains the opposing positions and jurisprudential support for both views, before introducing a seeming compromise. After presenting objections to this suggested compromise, the author advocates recognition of the idea that negligence and assumption of risk are interdependent. He surveys the advantages of this approach and illustrates how a distinction has obscured important changes in the substantive law. The author urges a view that assumption of risk is no more than a defence to an action of negligence.

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Published

1957-10-01

Issue

Section

Legal Commentary