In
law, sciens is a state of mind, referring to knowledge of a fact, usually of a specific risk. It is usually
pleaded by way of defence. For example where a
claimant suffers a
personal injury, the
respondent to the claim may aver that the claimant was aware of the risk when they undertook their course of conduct. Clauses in
contracts which require participants in dangerous sports to acknowledge certain risks in the sport are usually drafted to set-up a potential sciens defence.
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