As the learned friends say, “Volenti non Fit Injuria”. Simply put, “to a willing person, no injury is done” or “no injury is done to a person who consents”. This is a common law doctrine which means that if someone knowingly places themselves where harm might occur, they cannot then sue if such harm or suffering does in fact happen. A boxer may consent to being punched, and to the injuries that might be expected from such punching, but is not a ‘volenti’ if (for example) if his opponent should swing an iron bar at him, or punch him outside the usual terms of boxing. Volenti is also known as a “voluntary assumption of risk”. Ok, let me not be much of a liar, sorry, I mean lawyer; I am just a mere villager. Who says that marriage is not a life sentence then? You swear to each other that, none of you will be “released” by the other until death, what is the difference between that and prison? At least, in prison, there are prospects of parole. (In criminal justice systems, parole is the supervised release of a prisoner before the completion of his/her sentence). I am not suggesting that I need the parole, nor do I need to be released from this life sentence, but many guys out there are yearning for that. With this said and done, I hope, my chain keeper will not get the least upset by these remarks as they are not intended for her consumption at all. Talking of a wedding makes me develop a sour taste in the mouth, not that I hate the thought but because of the associated costs. A son asked his dad, “Dad, how much did it cost you to marry Mummy?” The guy simply answered “Son, I don’t know!” The son could not understand why his farther was beating about the bush on such a clear and important issue. Not wanting to take such a vague answer for an answer, he retorted, “Dad, how do you mean?” I suppose, the old man did not want to unleash the bare truth to his son at such a tender age lest he discouraged him from walking in his footsteps. He composed himself and began, “Son, some things are better left unsaid, but since you are nagging me on this issue, the truth is that, I don’t know how much”. “Before I married your mother, I was paying, I paid for the wedding after that, I have been paying school fees for your uncles, your grandmother’s medical bills, your mother’s expenses, etc, I will continue paying until I am dead.” When a man falls in love and marries; he begins paying until he is d –d – d – dead! But he was a ‘willing person’ and therefore, no injury is done. Contact: mfashumwana@fastmail.fm
