Contributory negligence vrs Volenti non fit injuria

Hi luvchrist,

Both are defences to a claim in negligence but:
CN occurs where the claimant is partly responsible for his own injuries, like in Jones v Livox Quarries where the claimant was in the back of a vehicle (contrary to the rules of the quarry) and it was injured by other vehicle negligently driven.
He exposed himself to the injury even if the accident was due to the negligence of the other vehicle, but he contributed to it.
It is a partial defence for the defendant (in this case the negligent vehicle).

VNFI applies where the claimant has consented to the negligence. He didn’t participate in it, but was aware of it and agreed to exempt the defendant from a duty of care, like in the case of ICI v Shatwell where two brothers had impliedly consented to the risks of their actions, and, because in VNFI consent acts as a complete defence and no damages would be awarded if it is shown to apply (not partial like in CN), therefore the defendant was not liable.

Hope this makes it a bit clearer.

Best of luck,
Alua