Volenti non fit injuria
1. It is a complete justifiable defence. The defendant is completely excluded.
ADVERTISEMENTS:
2. In “Volenti….”, the plaintiff knows the risk in the incident, which he is going to face. At the same time, he takes certain precautionary steps for his safety also. However, if the defendant is negligent, the plea of “volenti….”cannot be helpful to the defendant.
3. Both the plaintiff and the defendant know the nature, risk of the incident. Generally the plaintiff invites the risk voluntarily.
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Contributory Negligence
1. It is a partial defence. The fault is divided between the plaintiff and the defendant.
ADVERTISEMENTS:
2. In contributory negligence, both the parties, i.e. the plaintiff and defendant are negligent.
3. Until the incident occurs, both of them do not know the incident, and its nature and risk. Both of them do not invite the risk.