Study 3: Defences Against Negligence in Common Law - Key Terms

Question 1

Volenti non fit injuria (volens)

Answer 1

To one consenting, no wrong is done. Where a person voluntarily assumes a risk that results in injury to himself, he is not entitled to claim damages from another.

Question 2

Absolute liability

Answer 2

Liability associated with very dangerous actions. Often found in cases involving explosives and in many automobile laws. Negligence does not have to be proven.

Question 3

Onus of proof

Answer 3

The burden or responsibility of proof, and is sometimes referred to by its Latin term, onus probandi.

Question 4

Res ipsa loquitur

Answer 4

The facts speak for themselves. A doctrine of law or a presumption of certain facts.