The Volenti Maxim

Abstract

This paper discusses the volenti non fit injuria maxim (the volenti maxim). The volenti maxim states that a person is not wronged by that to which she consents, provided her consent is valid. I will argue, however, that the volenti maxim does not apply to all instances of valid consent. In some cases the consenter is wronged even if his consent is valid. Valid consent can only release others from consent-sensitive duties, not from consent-insensitive duties. If the consentee flouts a consent-insensitive duty the consentee wrongs the consenter and thereby commits a wrong.