From a criminal perspective
https://www.foleys.com.au/resources/Voluntary Assumption of Risk_15Oct2015.pdf
http://classic.austlii.edu.au/au/journals/PrecedentAULA/2013/24.pdf
Conventional wisdom has it that volenti is a form of waiver of duty. A successful defence denies the injured person the right to sue in negligence because they are found to have agreed to take personal responsibility for the risks that materialised. It is a full defence to a claim.
At commonlaw, to make out the defence, a defendant had to prove the injured person:
- was fully aware of the risk;
- fully appreciated its nature and extent; and
- freely and willingly accepted the risk.
Much turns on the precision with which “the risk” is identified. For example,
a rugby player may be aware of and accept the risk of injury in a tackle, but not the risk of injury from a spear tackle.