ACCA Corporate And Business Law (F4) Certification Practice Exam

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In relation to the law of negligence, a finding of volenti non fit injuria arises from the action of which of the following?
Correct Answer:
The claimant
Explanation:
In the context of the law of negligence, the principle of "volenti non fit injuria" translates to "to a willing person, no injury is done." This principle indicates that if a person willingly consents to a risk associated with an activity, they cannot later claim for injuries resulting from that activity. When it is stated that a finding of volenti non fit injuria arises from the actions of the claimant, it is because the claimant actively participated in or agreed to the risks involved. For example, if an individual chooses to engage in a contact sport, they accept the inherent risks of potential injury. Consequently, if they sustain an injury during that sport, they may not have a viable negligence claim as they consented to the risks when they chose to participate. This concept emphasizes the claimant's role and actions that demonstrate their acceptance of risk, which ultimately eliminates the possibility of a negligence claim based on that voluntary acceptance.

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