Trans-Lex.org Law Research: No damage claim in case of consent

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A party suffering damage or another prejudice may not raise claims arising out of this if it has consented to the act leading to the damage or prejudice ("volenti non fit iniuria").

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Please cite as: "Commentary to Trans-Lex Principle No. I.1.6 - No damage claim in case of consent, http://www.trans-lex.org/908000"

The Principle means that where there is consent there is no injury. It is derived from the general principle of good faith and the prohibition of inconsistent behaviour. If one, knowing and comprehending the danger, voluntarily exposes himself to that danger, though not negligent in doing so, he is deemed to have assumed the risk and is precluded from a recovery for an injury resulting therefrom.

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