To him who is willing there can be no injury.’ No action in tort is sustainable by a person who has expressly or impliedly assented to the risk, i.e. he cannot enforce a right that he has voluntarily waived. There is no consent when a person acts under a moral or legal constraint or when rescuing a person endangered by a third party’s negligence.
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To him who is willing there can be no injury. If a person voluntarily consents to a risk, he has no right of action against anyone for injuries suffered as result of his actions.