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Review Your SQE 1 Practice Records

Examination Timing: 00H00M51S

Maria is injured while participating in a voluntary charity event. She had signed a waiver acknowledging the risks involved. 

Can the charity use this waiver as a defence to avoid liability?

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Volenti non fit injuria, or consent, is a defence in tort law where the injured party has voluntarily assumed the known risks. Since Maria signed a waiver acknowledging the risks, the charity can use this defence to argue that she consented to the potential harm.

Key Point: The defence of consent (volenti non fit injuria) is applicable when the injured party has willingly accepted the risks, thereby absolving the defendant of liability.

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