A, a spectator admitted on payment to witness a cricket match is injured by a ball hit exceptionally hard by a batsman during the play. Who is liable?
The spectator A cannot sue the batsman or the Manager of the cricket match for his injury.
Under the doctrine of ‘Volenti non fit injuria’, an act is not actionable as a tort at the instance of any person, who has expressly or impliedly consented to it. The principle is based on justice and good sense.
(The maxim is applicable to both intentional acts which would otherwise be tortuous, and it also applies to consent to run the risk of accidental harm which would otherwise be actionable as due to the negligence of him who caused it).
The given case consists of all the essentials for the application of the doctrine of ‘Volenti non fit injuria as follows:
- Implied consent is given by ‘A’ the spectator, to face the risk, as he paid money and obtained the ticket to see the cricket match.
- The injury is not caused by the willful intention of the batsman or the Manager of the cricket match.
- The batsman had not been negligent in hitting the ball.
- This doctrine is applicable because the act is not illegal. Conducting a cricket match is a legal act.