This article is written by Kimaya J. Anavkar of Kishinchand Chellaram Law College, Mumbai University, an intern under Legal Vidhiya ABSTRACT This comprehensive analysis delves into the intricate legal doctrines of Volenti non-fit injuria and Necessity within the realm of tort law. It provides a historical overview of their origins and evolution, while examining their The volenti non fit injuria doctrine continues to be a cornerstone of tort law, balancing individual autonomy with societal responsibilities. Learn about the doctrine of volenti non fit injuria in tort law, which means that a person cannot claim compensation for harm or injury if they voluntarily assume the risk of an activity. Find out the essential elements, cases, and limitations of this defence, such as rescue cases, illegal acts, and negligence of the defendant. “Volenti non-fit injuria” is a Latin maxim in the realm of tort law, translating to “no injury is done to a willing person.” This principle implies that an individual who willingly participates in an activity, fully aware of the potential risks, cannot later seek compensation for any resulting harm.
