Volenti non fit iniuria (or injuria)
Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a common law doctrine which states that if someone willingly places
themselves in a position where harm might result, knowing that some degree of
harm might result, they are not able to bring a claim against the other party
in tort or delict. Volenti applies only to the risk which a reasonable person
would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might
be expected from being hit, but does not consent to (for example) his opponent
striking him with an iron bar, or punching him outside the usual terms of
boxing. Volenti is also known as a "voluntary assumption of risk."
Damnum Sine Injuria
It means damage which is not coupled with an
unauthorized interference with the plaintiff’s lawful right. Causing of damage,
however substantial, to another person is not actionable in law unless there is
also the violation of a legal right of the plaintiff.
In Gloucester Grammar School case, the defendant had set-up a rival school to that of the
plaintiffs with the result that the plaintiffs were required to reduce the
tuition fees of their school substantially. It was held that the plaintiff had
no cause of action against the defendant on the ground that bonafide
competition can afford no ground of action, whatever damage it may cause.
Injuria
Sine Damno
Injuria sine damno means the violation of a legal right without causing
any harm, loss or damage to the plaintiff. It is just reverse to the maxim
damnum sine injuria. In Ashby v. White, (1703) 2 LR 938, the plaintiff was a
qualified voter at a parliamentary election, but the defendant, a returning
officer wrongfully refused to take plaintiff’s vote. No loss was suffered by
such refusal because the candidate for whom he wanted to vote won in spite of
that. The defendant was held liable, even though his actions did not cause any
damage.
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