What are the limitations of the maxim volenti non fit injuria?
[Law of Torts] – There are certain limitations to the application of the above maxim. The limitations are as follows:-
(1) No consent, leave or license can legalise an unlawful act.
(2) The maxim has no validity against an action based on a breach of statutory duty.
(3) The maxim does not apply where the plaintiff has, under an exigency caused by the defendant’s wrongful misconduct, consciously and deliberately faced a risk, even of death, to rescue another from imminent danger of personal injury or death, whether the person endangered is one to whom he owes a duty of protection or is a mere stranger.
(4) Generally the maxim does not apply to the cases of negligence.
(5) The maxim does not apply where the act of the plaintiff relied upon to establish the defence under the maxim is the very act which the defendant was under a duty to prevent.
(6) The maxim will not apply when the act relied upon is done because of the psychological condition which the defendant’s breach of duty had induced.