Define: Nolens Volens

“Nolens Volens” is a Latin phrase that translates to “willing or unwilling.” It is often used in legal contexts to refer to a situation where someone is deemed to have acted voluntarily, regardless of their actual intent.

In criminal law, the concept of Nolens Volens is used to establish criminal liability. It means that even if a person did not have the intention to commit a crime, their voluntary actions still make them legally responsible for the consequences.

No, Nolens Volens cannot be used as a defence in a criminal case. It is a principle that holds individuals accountable for their voluntary actions, regardless of their intent. However, other defences like lack of intent or self-defence may be applicable in certain situations.

In contract law, Nolens Volens is used to determine the enforceability of a contract. If a party willingly enters into a contract, they are bound by its terms, even if they later claim they did not fully understand or agree to them.

Generally, Nolens Volens cannot be used to invalidate a contract. Courts presume that parties entering into a contract have done so voluntarily and with full understanding. However, certain circumstances like fraud, duress, or undue influence may render a contract voidable.

In cases of sexual assault, Nolens Volens is crucial in determining whether consent was given. It establishes that consent must be voluntary and given without any form of coercion or force. If a person is forced or coerced into sexual activity, their consent is considered invalid.

No, Nolens Volens cannot be used as a defence against a claim of negligence. Negligence focuses on the duty of care owed by one party to another, regardless of intent. If a person’s actions fall below the standard of care, they can be held liable for any resulting harm.

In personal injury cases, Nolens Volens is relevant in determining contributory negligence. If a plaintiff willingly and knowingly engages in an activity that poses a risk of harm, their own negligence may reduce or eliminate the defendant’s liability for the injuries suffered.

No, Nolens Volens cannot justify a breach of contract. If a party willingly and voluntarily enters into a contract, they are legally obligated to fulfill their contractual obligations. Breaching a contract without valid legal grounds can result in legal consequences.

In medical procedures, Nolens Volens is used to establish informed consent. It requires healthcare providers to fully disclose the risks, benefits, and alternatives of a medical procedure to the patient. Without voluntary and informed consent, medical procedures may be considered unlawful.