Hector didn't read the waiver clause in the entry form before signing it and paying his entry fee to compete in a weekend slalom ice-racing event. His neck broke as he landed on top of a pile of large rocks, after an unexpected collision with Juri sent him through a thin, unsupported barrier of mushy walled ice. Which of the following would most strongly support the Supreme Court of Canada's position that, in these circumstances, the defence of volenti non fit injuria would fail?

Question

Quizplus · Accepted Answer

The Supreme Court of Canada has held that the defence of volenti non fit injuria, which means a person who voluntarily assumes a risk cannot later sue for any resulting injury, can fail if the victim did not fully understand and appreciate the nature and extent of the risk involved. In this case, Hector did not read the waiver clause in the entry form before signing it, which suggests that he did not fully understand and appreciate the risks involved in the ice-racing event. Therefore, a signed waiver fails as an expression of a victim's true intention, which would weaken the defendant's argument that Hector voluntarily assumed the risk of injury.

Hector Didn't Read the Waiver Clause in the Entry Form