Also known as: volenti · voluntary assumption of risk · consent
Written by attorneys · grounded in primary & secondary sources — see below
A common-law principle that one who knowingly and voluntarily encounters a danger or consents to conduct that would otherwise be tortious cannot recover for resulting injury. The maxim treats the plaintiff's consent as negating the wrongfulness of the defendant's act. It functions as an affirmative defense that must be pleaded and proved.
Vincent Vale hands his watch to a buyer who claims to be inspecting it for purchase. The buyer instead runs off with the watch. Because the buyer obtained custody through misrepresentation, the law treats Vincent's consent as invalid. The taking is therefore trespassory and supports a larceny charge.
Vanessa Vega, a truck driver, knowingly transports goods across state lines without required permits after agreeing to the route. When regulators impose penalties, Vanessa cannot claim injury from the enforcement because she voluntarily accepted the known regulatory risk. Her consent bars recovery under the commerce power.
Select any source to read its text and confirm it supports the definition.
Violet Vidal's opponent serves an amended complaint adding new claims. Violet reviews the changes and expressly agrees in writing to the amendment. Because she consented to the filing, she cannot later assert prejudice from the amendment and the court grants leave without further inquiry.
Viktor Voronin, a former private practitioner, joins a government agency. The agency gives written informed consent allowing him to work on a matter he previously handled in private practice. Because the agency knowingly accepted the risk, it cannot later claim injury from the representation.
Vance Vogel grants a neighbor permission to cross his land only during daylight hours to reach a fishing spot. The neighbor enters at night and is injured. Because the entry exceeded the precise scope of the consent, the neighbor cannot invoke the license to avoid trespass liability.
Vera Vu tells her assistant she may negotiate and sign vendor contracts on her behalf. The assistant enters a binding agreement. Because Vera manifested consent to the assistant acting on her account, she is bound by the contract and cannot later disclaim the agent's authority.
The defendant must show the plaintiff had actual knowledge of the specific risk, appreciated its nature and magnitude, and voluntarily chose to encounter it. The consent must be knowing and uncoerced.
Supporting sources
No. Consent procured by misrepresentation is treated as invalid, so the taking or entry remains trespassory and the defense fails.
The maxim supplies the doctrinal foundation for the assumption-of-risk defense. A plaintiff who voluntarily encounters a known danger is barred from recovery because consent negates the defendant's duty or wrong.
Supporting sources
Yes. Many jurisdictions recognize that a user who fully understands and voluntarily accepts a product's danger assumes the risk and is barred even under strict liability theories.
Supporting sources
Implied consent is sufficient when the plaintiff's words or conduct demonstrate knowledge of the risk and a voluntary decision to proceed. Courts examine the circumstances to determine whether the encounter was truly voluntary.
Supporting sources
…be enquired whether he has been appointed. The Constitution provides the President shall nominate and by and with the advice and consent of the Senate shall appoint officers and shall commission all officers of the United States. An act of Congress directs the Secretary of State to keep the seal and to make out and record…