What is the volenti defence?
British Columbia, Canada
The following excerpt is from Moreau v. Longuepee, 1995 CanLII 2674 (BC SC):
11 In Hall v. Hebert, 1993 CanLII 141 (SCC), [1993] 2 S.C.R. 159 (at 208) Cory J. put it in this way: The doctrine [volenti] will only be applied where it can truly be said that there is an understanding on the part of both parties that the defendant assumed no responsibility to take care for the safety of the plaintiff and the plaintiff did not expect him or her to do so. Clearly, the volenti defence will only be applicable in a narrow range of cases. (my emphasis)
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