Civil Law
The Effect of the Injured Party’s Consent on Their Right to Compensation under Jordanian Law
This summary examines how an injured party’s acceptance of harm—either immediate consent or assumption of risk—affects civil liability and compensation under Jordanian law. It outlines the formal and substantive conditions for valid consent and practical implications in contexts such as cosmetic surgery and sports injuries.
Updated: 17 October 2022
Prepared and reviewed by: Ashraf Al-Khawaja
Concept of the Injured Party and Forms of Consent
The law draws a distinction between the injured party and the criminal victim: the injured party is the person who suffers compensable harm, while the criminal victim notionally concerns the penal dimension. Consent may appear in two main forms: contemporaneous consent to the harming act or assumption of risk, in which a person accepts the possibility of future harm without actively desiring it. In practice, the type of consent determines how the actor’s fault and resulting liability are assessed.
Conditions and Elements for Valid Consent
Consent will have no legal effect unless certain core requirements are met: legal capacity to form valid will, voluntariness free from vitiating defects (such as coercion or deceit), temporality (consent must precede or coincide with the harmful act), and compatibility with public order and morals. Consent must also concern a lawful subject matter and be based on a legitimate cause. These conditions determine whether consent eliminates fault or merely affects the quantum of compensation.
Effects of Consent on Liability to Compensate: General Rules and Practical Applications
Outcomes vary with circumstances: (1) full liability may remain where the injuring act cannot be said to be absorbed by the injured party’s conduct; (2) consent may reduce compensation where there is contributory fault by the injured party; (3) liability may be extinguished where consent fully encompasses the harmful act. Practically, judges assess cosmetic surgery claims by comparing the resulting harm with the intended medical or aesthetic benefit—excessive harm can render consent ineffective and preserve the patient’s right to compensation. In sports, participants generally assume ordinary risks inherent in play, limiting recovery, but compensation remains available where conduct departs from accepted rules, involves gross negligence or intentional harm. Overall, outcomes depend on causation assessment, the nature of consent, and any shared fault.
Limits of Proof and Procedural Considerations
The party asserting the legal effect of consent must prove the elements and validity of that consent; the burden typically rests on the one who claims its operative effect. In medical cases, informed consent documentation and disclosure of risks are often crucial. Sports disputes require examination of competition rules, witness statements and available footage, while courts evaluate the degree of contributory fault when apportioning compensation. Practically, each case demands careful factual and technical evidence-gathering for proper judicial assessment.
Legal notice
Notice: This summary is for general educational purposes only and distils a linked published article. It does not replace consulting the current statutory texts or relevant amendments, nor does it substitute for advice from a licensed Jordanian lawyer for case-specific legal assessment.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.