ABSTRACT
There is considerable confusion between these two concepts. Consent is used to describe the defence that may be used when sued for committing an intentional tort.
Volenti non fit injuria is the appropriate term where the plaintiff alleges negligence/strict liability tort, that is, an unintentional tort, which claims the defendant’s voluntary assumption of the risk involved. However, the general principles applying to both concepts are the same but it is important to bear in mind the stature of the tort concerned.
