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.
An Execution is the end and fruit of the law.
- Here, the term “execution” is used as a accomplishment or judgment or any order passed by any court. Basically the final judgment passed by the court. The execution is either on the side of the plaintiff or defendant. -The execution is held in order to derive the fruit of the final execution to either party. It is a one kind of benefit or relief received by either party from the court for wrongful act done by the respective party.
Where there is a right there is a remedy.
The legal maxim is of latin origin meaning there’s always a remedy available where there is a remedy. In literal meaning it means that in cases where a person has a right and that right has been infringed, that person can seek remedy for the violation of that right. It also means that there exists no wrong without a remedy. Here, the word ‘Jus’ means legal authority to mean or to do something and ‘remedium’ means right of action in a Court.
“The person who consents cannot complain.”
It is a Latin maxim, which means that the person who voluntarily gives consent for any harm to suffer would not be liable to claim any damages for the same. This consent could be used as a good defence against the plaintiff. Hence, the person who himself waived or abandoned his right voluntarily, cannot have any claim over it.