Principle: If a person voluntarily assumes the risk of harm, he cannot later complain of that harm (volenti non fit injuria). Facts: D, a spectator at an unfenced motor race, is struck by a stray wheel and injured. D had taken a seat behind a warning sign that read 'Spectators sit at own risk.' Best legal outcome?
AD voluntarily assumed the inherent risk of a motor race and cannot recover for injuries within that risk
BOrganisers liable only on proof of intentional wrongdoing
CD can recover half the damages by way of contributory negligence
DOrganisers fully liable because the wheel struck D
Answer & Solution
Correct answer: A. D voluntarily assumed the inherent risk of a motor race and cannot recover for injuries within that risk
Volenti applies to inherent risks of a known dangerous activity that the plaintiff voluntarily encounters. A motor-race spectator behind a warning sign falls squarely within the doctrine. The exception is if the harm exceeded what could reasonably be foreseen.
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