A Comparative Study of Risk Confrontation in Law and Psychology in Iran and England

The theory of conflict of risk or Volenti's rule is one of the reasons for preventing warranty and derived from Roman law. Acceptance of the opposite of risk raises the idea that when a person implicitly or explicitly accepts the risk of harm caused by another party, he cannot demand damages from the causer of the harm due to the harm caused. Countering the risk is a one-sided legal act that affects the ability to assign fault to the defendant, and it removes the fault or prevents the guarantee. Creating danger for others is only fair if those who are exposed to danger have the right and equal opportunity to create the same type and the same amount of danger for the people who created the danger in the first place. The knowledge and information of the victim of the nature and extent of the risk, explicit or implicit consent to the risk and agreement about it, as well as the voluntary nature of the act of the victim, far from coercion, are among the classic elements of acceptance of risk in English law. Therefore, in the laws of Iran and England, guilty persons who have a guarantee must have perfect physical and mental health.