What are the legal principles of volenti non fit injuria and res ipsa loquitor, and how do they apply in the context of stockbroker liability and misleading statements under Malays... What are the legal principles of volenti non fit injuria and res ipsa loquitor, and how do they apply in the context of stockbroker liability and misleading statements under Malaysian securities laws?
Understand the Problem
The question discusses various legal principles and scenarios, including the legal defenses of 'volenti non fit injuria' and 'res ipsa loquitor', the duty of stockbrokers, and prohibitions regarding false and misleading statements under the Malaysian Capital Markets and Services Act. It seeks to understand how these legal maxims and principles apply in real-world contexts, potentially in the face of statutory duties and shareholder protections.
Answer
Volenti non fit injuria: consent negates claim; Res ipsa loquitur: inference of negligence. Applied in Malaysian law to assess stockbroker liability.
Volenti non fit injuria is a legal principle where a person who willingly consents to a risk cannot claim damages. Res ipsa loquitur allows a plaintiff to infer negligence based on the nature of the accident. In Malaysian securities law, these principles might restrict liability if informed consent to risks was made or circumstantial evidence suggests negligence without direct proof.
Answer for screen readers
Volenti non fit injuria is a legal principle where a person who willingly consents to a risk cannot claim damages. Res ipsa loquitur allows a plaintiff to infer negligence based on the nature of the accident. In Malaysian securities law, these principles might restrict liability if informed consent to risks was made or circumstantial evidence suggests negligence without direct proof.
More Information
Volenti non fit injuria applies when a person engages in an activity knowing the risks involved, hence absolving others of liability. Res ipsa loquitur is often used in the context of an injury that would not normally occur without negligence, shifting the burden of proof to the defendant.
Tips
A common mistake is confusing the scope of these doctrines; volenti requires clear evidence of consent, while res ipsa requires clear evidence of negligence.
Sources
- Volenti non fit injuria - Wikipedia - en.wikipedia.org
- res ipsa loquitur | Wex | US Law | LII / Legal Information Institute - law.cornell.edu
- Volenti non fit injuria | Wex | US Law | LII / Legal Information Institute - law.cornell.edu
