What does the defense of Volenti Non Fit Injuria signify?

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The defense of Volenti Non Fit Injuria indicates that a person who voluntarily accepts a risk cannot later claim damages for any injury that arises from that risk. This concept is rooted in the idea of personal responsibility; if an individual is aware of a potential danger and decides to proceed anyway, they are essentially consenting to those risks. This principle is commonly applied in tort law, particularly in cases involving recreational activities or sports, where participants are often aware of the risks involved.

The other choices do not accurately capture the essence of this defense. The notion that a claimant must prove active negligence on the defendant's part refers to a different legal concept concerning fault and liability rather than the voluntary acceptance of risk. The suggestion that a claimant can sue regardless of risk acceptance contradicts the principle underlying Volenti Non Fit Injuria, as it would negate the very reason for the defense. Lastly, the idea that a defendant is allowed to avoid all liability in any circumstance overstates the defense's applicability; the circumstances under which this defense holds true are specific and do not grant blanket immunity from liability.

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