ABSTRACT
The absence of a duty of care owed by the defendant to the claimant, no breach of duty and no link between the breach of duty and harm or injury caused to the claimant can obviously lead to a finding of no liability for negligence. In addition, volenti non fit injuria is a complete defence against a claim for negligence. It is rarely discussed in the sport community or on academic courses in sport and physical education and yet it is an important part of understanding the difference between making a decision to consent to the normal risks of a sport or game and those risks which are extraneous or unacceptable, and the implications for insurance and the outcome of negligence claims.
