What is the defence of volenti?
Manitoba, Canada
The following excerpt is from Workers' Compensation Board (Man.) and Toews v. Hjalmarsson, 1990 CanLII 11158 (MB QB):
As to the defence of volenti, the law is clear. "It can only arise where the circumstances are such that it is clear that the plaintiff, knowing of the virtually certain risk of harm, in essence bargained away his right to sue for injuries incurred as a result of any negligence on the defendant's part." See Dube v. Labar (1986), 68 N.R. 91; 27 D.L.R.(4th) 653 (S.C.R., Estey, J.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the definition of a “defence of a claim” and what is the effect of the claim? (Manitoba, Canada)
If a defamatory statement is capable of conveying more than one meaning, is the defence of responsible communication established? (Manitoba, Canada)
Does a witness who was present at a truck fire have to be recalled to be cross-examined by defence? (Manitoba, Canada)
Is there a defence to a beneficiary action against the trustee for breach of trust if the beneficiary confirmed or acquiesced in the breach? (Manitoba, Canada)
What is the defence of estoppel? (Manitoba, Canada)
Is it an injustice to allow a claim to proceed while preventing the defence to pursue a counterclaim? (Manitoba, Canada)
What is the decisive ground of appeal in a sexual assault case where the trial judge failed to relate the evidence crucial to the defence to the issues to be decided by the jury? (Manitoba, Canada)
What is the definition of a "factual situation" in a personal injury case? (Manitoba, Canada)
Can self-represented lay litigants be awarded costs in a personal injury case? (Manitoba, Canada)
What is the effect of a restrictive covenant between a member of a medical practice and the members of a private medical practice? (Manitoba, Canada)
