ICANBusiness LawLaw of Torts and Negligence2025

In the Nigerian law of torts, for a defendant to successfully raise the complete defense of volenti non fit injuria (voluntary assumption of risk), the defendant must prove that the plaintiff:

AHad mere knowledge of the existence of the risk (sciens).
BFully appreciated the nature and extent of the risk and freely agreed, expressly or impliedly, to incur it.CORRECT
CWas purely negligent and contributed to his own injury.
DExecuted an indemnity agreement in the presence of a legal practitioner.
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Why the answer is B, and why the others tempt you.
The doctrine of volenti non fit injuria requires both full knowledge of the nature and extent of the risk and voluntary consent to run that risk (volens). Nigerian courts consistently affirm that mere knowledge of risk (sciens) does not equal voluntary assumption of risk.
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