No injury is done to a willing person.
The legal maxim is of latin origin meaning those who voluntarily agree to danger cannot ask remedy for the same. In literal meaning the maxim means that when a person agrees to danger then he cannot file a complaint for any damages suffered by him during the process. Here, it is necessary the consent was taken freely and voluntarily by the person and was not obtained by illegal means, and that the person was aware of what he might be subjecting himself to.
If a person decides to jump into the cage of the lion in the zoo voluntarily, then he can’t sue the zoo for damages.
National Insurance Co. Ltd. v. Gonti Eliza David, (1984 ACJ8)
The Bombay High Court held that if the driver had suffered the injury due to his rash and negligent driving, following the maxim of“volenti non fit injuria” a claim could not have been maintainable.
The legal maxim is of latin origin which means “the reason” or “motivation” behind the decision ruled out by the judge. It refers strictly to the facts of the case, things which cannot be debated. Unlike Obiter Dicta, these statements are actually binding on the case to its facts. All the principles relied on by the court are a part of ratio decidendi in order to prove the reasoning behind coming to the decision in the case. It comprises all the legal points made by the parties in the case.
The scene of the event
Locus in quo is a Latin maxim, which means “the scene of the event” or “the place in which”. In general sense it means the place where the cause of action arose, i.e. the place where something is alleged to have occurred.
Spoken before Lawsuit is brought
• Not merely before the commencement of legal proceedings, but before even the existence of any actual controversy, concerning the subject matter of the declarations. • Brought before suit, before controversy moved. • At the time when declarant had no motive to distort the truth. Brought before suit, before controversy instituted. Also, before the controversy arose.