law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, ''sciens'', the Latin word for "knowlingly", describes a state of mind. It refers to knowledge of a fact, usually of a specific risk. It is usually pleaded by way of

defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indus ...

. For example, where a

claimant A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

suffers a

personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...

, the respondent to the claim may aver that the claimant was aware of the risk when they undertook their course of conduct. Clauses in

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

s which require participants in dangerous sports to acknowledge certain risks in the sport are usually drafted to set up a potential ''sciens'' defence.

Extent of the defence

In most countries, the defence is a limited one, and is ordinarily only effective (if at all) where the claimant, despite being ''sciens'', still undertakes the risk. The

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

says that "''volenti non fit injuria''" ("free will does not make an injury"). In such instances, the claimant is said to be ''

volens In law, ''volens'' is a state of mind, referring to voluntary acceptance of a specific risk. It is usually pleaded by way of defence, and often employs the legal Latin ''volenti non fit injuria''. The term ''volens'' itself is often used in contr ...

'' (voluntarily assuming the risk), and merely being ''sciens'' alone is normally insufficient. For example, if the claimant had to exit a grocery store, and there was a sign warning of a wet floor by the exit, it is not usually a defence to say that the claimant knew of the risk of the wet floor, if the claimant had no other way to leave the store, and thus had to walk across the slippery surface in any event.

References

{{Reflist Latin legal terminology