RETHINKING RISK-TAKING: THE DEATH OF <i>VOLENTI?</i>

Abstract Volenti non fit injuria allows a negligent defendant to escape liability by showing that the claimant voluntarily and willingly accepted risk in question. This article combines theoretical limitations of volenti defence with case analysis how its application has played out “real world”, argues it is not for modern tort law. The controversial chequered history, being described as “so-called principle … little help: indeed, confusing, unnecessary, if we are careful, will lead us wrong outcome”. It submitted based on unjustified concepts people agreeing risks, leads harmful outcomes does current approaches liability. therefore concludes far exceed any potential benefits provided, should be abolished.