Question

Difference between volenti non fit injuria and contributory negligence

Answer 1

Explanation:

• Volenti Non Fit Injuria is a complete defence, while contributory negligence is a defence based part of the fault of the defendant.
• In contributory negligence plaintiff as well as the defendant both is negligent while in volenti non fit injuria the plaintiff himself gave consent for the harm to suffer.

Answer 2

The difference between volenti non-fit injuria and contributory negligence can be given by:

Volenti non-fit injuria:

• Meaning: The legal maxim means that if someone knows that risk is involved in some activities and even then he puts himself in such situations, then he can not take damages on behalf of this defence.
• The person himself put him into the situation with his will and without coercion, fraud, or misrepresentation.
• It is a complete defence and hence defeats the claim for damages.

Contributory negligence.

• Meaning: Contributory negligence refers to the situation where the plaintiff does some act that was helpful to the defendant in committing the wrong.
• The act of the plaintiff had contributed to the wrong.
• It is not a complete defence and it only reduces the damages.

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