Define: Aitas

Aitas is a legal term that refers to a doctrine in tort law, specifically in the context of negligence cases. It is derived from the Latin phrase “volenti non fit injuria,” which means “to a willing person, no injury is done.” The Aitas doctrine essentially states that if a person voluntarily assumes a known risk or danger, they cannot hold another party liable for any resulting harm or injury.

Under the Aitas doctrine, the plaintiff’s consent or voluntary assumption of risk is a complete defence for the defendant. This means that even if the defendant’s actions were negligent or caused harm, they may not be held legally responsible if the plaintiff willingly exposed themselves to the danger.

To successfully invoke the Aitas defence, the defendant must demonstrate that the plaintiff had full knowledge and understanding of the risks involved and voluntarily chose to accept them. This can be established through evidence such as signed waivers, explicit warnings, or the plaintiff’s own statements or actions indicating their awareness and acceptance of the risks.

However, it is important to note that the Aitas doctrine has limitations. It does not apply in situations where the defendant’s conduct is intentional or willful, or if the plaintiff’s consent was obtained through fraud, duress, or coercion. Additionally, certain activities or industries may have specific regulations or standards of care that could limit the applicability of the Aitas defence.

Overall, the Aitas doctrine provides a legal framework for determining liability in negligence cases where the plaintiff voluntarily assumed a known risk. It serves to protect defendants from being held responsible for harm or injury when the plaintiff willingly exposed themselves to the danger.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 30th March 2024.