Volenti non fit injuria allows a negligent defendant to escape liability by showing that the claimant voluntarily and willingly accepted the risk in question. This article combines the theoretical limitations of the volenti defence with a case analysis of how its application has played out in the “real world”, and argues it is not fit for modern tort law. The defence has a controversial and chequered history, being described as a “so-called principle … of little help: indeed, it is confusing, unnecessary, and if we are not careful, it will lead us to the wrong outcome”. It is submitted that volenti is based on unjustified concepts of people agreeing to risks, leads to harmful outcomes and that the defence does not fit with current approaches to tort liability. This article therefore concludes that the harmful outcomes of the volenti defence far exceed any potential benefits provided, and the defence should therefore be abolished.

Using college student samples, two studies were conducted to validate the Chinese version of the Domain-Specific Risk-Taking (DOSPERT) Scale. The results replicated important findings reported by Weber et al. (2002) in the Chinese culture. Risk-taking and risk perception were domain-specific, whereas perceived-risk attitudes were relatively stable across domains, supporting the risk-return model of risk taking. Results of both exploratory factor analysis (EFA) and confirmatory factor analysis (CFA) showed that the ethical, recreational, health/safety, and gambling domains were preserved in the Chinese version of DOSPERT and that the items from social and investment domains formed one factor. This result may be explained by Weber and Hsee's (1998) cushion hypothesis. Other possible reasons for this cross-cultural difference in the factor structure were also discussed.

Indoor climate interventions are often motivated from a worker comfort and productivity perspective. However, the relationship between indoor climate and human performance remains unclear. We assess the effect of indoor climate factors on human performance, focusing on the impact of indoor temperature on decision processes. Specifically, we expect heat to negatively influence higher cognitive rational processes, forcing people to rely more on intuitive shortcuts. In a laboratory setting, participants (N=257) were exposed to a controlled physical environment with either a hot temperature (28° C) or a neutral temperature (22° C) over a two-hour period, in which a battery of validated tests were conducted. We find that heat exposure did not lead to a difference in decision quality. We did find evidence for a strong gender difference in self-report, such that only men expect that high temperature leads to a significant decline in performance, which does in fact not materialize. These results cast doubt on the validity of self-report as a proxy for performance under different indoor climate conditions.

The effect of choice bracketing — the consideration of repeated decisions as a set versus in isolation — has important implications for products that are inherently time-sensitive and entail varying levels of risk, including retirement accounts, insurance purchases, and lottery preferences. We show that broader choice brackets lead to more optimal risk preferences across all risk types, including negative expected value and pure-loss gambles, suggesting that broad decision framing can help individuals make better choices over risks more generally. We also examine the mechanism behind these bracketing effects. We find that bracketing effects work by attenuating (magnifying) the weight placed on potential losses for positive EV (non-positive EV) gambles and by providing aggregated outcomes that might not otherwise be calculated. Thus, decision frames that provide probability distributions or aggregated outcomes can help individuals maximize expected value across different types of risky prospects.

Most decisions involving risk are not taken in isolation. In addition to the risk from that decision, other independent, so-called ‘background’ risks, are considered. Our research adds to the growing evidence that this background risk influences risk-taking. We report results from a repeated lab-in-the-field investment task with Senegalese fishers in the presence of background risk related to their fishing income and their health. Our measure of background risk is the monthly wind condition. Without controls, we find that fishers act on average intemperately. Adding controls, we find that the impact of background risk on risk-taking—measured as the investment in the investment task—depends on the boat size of the fishers. When dividing the sample according to wealth, we find temperate behavior for the relatively poorer group and intemperate behavior that depends on boat lengths for the relatively richer group. Our results show the interrelations between background risk and context factors.

Using a multimethod, multiinformant longitudinal design, we examined associations between specific forms of positive and negative emotional reactivity at age 5, children’s effortful control (EC), emotion regulation, and social skills at age 7, and adolescent functioning across psychological, academic, and physical health domains at ages 15/16 (N = 383). We examined how distinct components of childhood emotional reactivity directly and indirectly predict domain-specific forms of adolescent adjustment, thereby identifying developmental pathways between specific types of emotional reactivity and adjustment above and beyond the propensity to express other forms of emotional reactivity. Age 5 high-intensity positivity was associated with lower age 7 EC and more adolescent risk-taking; age 5 low-intensity positivity was associated with better age 7 EC and adolescent cardiovascular health, providing evidence for the heterogeneity of positive emotional reactivity. Indirect effects indicated that children’s age 7 social skills partially explain several associations between age 5 fear and anger reactivity and adolescent adjustment. Moreover, age 5 anger reactivity, low-, and high-intensity positivity were associated with adolescent adjustment via age 7 EC. The findings from this interdisciplinary, long-term longitudinal study have significant implications for prevention and intervention work aiming to understand the role of emotional reactivity in the etiology of adjustment and psychopathology.

Technology that develops rapidly has profoundly affected the business field and reshaped some behaviours of corporations, and the discussion on startup risk-taking behaviour in the new era is still insufficient. Based on social network theory and social capital theory, this article studies how social networks and entrepreneurial ecosystems support startup risk-taking behaviour. This article cuts into this issue through the perspective of coopetition. Based on 737 responses, this article employs regression and fuzzy-set qualitative comparative analysis to explore the relationships between networks, ecosystem coopetition, and risk-taking behaviour. Results indicate that networks and coopetition may stimulate startup risk-taking behaviour, and coopetition may weaken the impacts of networks. There are replacement effects between different characteristics of networks, and there are several configurations, which may lead to high-level risk-taking. This article may help us understand startup risk-taking behaviour in the digital era and the positive impacts of ecosystems.

Seniors are a population of concern due to exposure to both increasing gambling venues and powerful age-specific risk factors. There has been only limited research on this population so far, but studies conducted among younger adults suggest that the illusion of control is a key factor, leading players to develop strategies that increase their risk-taking in gambling. Time perspective (TP) is a good indicator of risky behaviours in a number of different areas, including health and the environment. In the present study, we sought to identify the age-specific cognitive mechanisms underlying gambling behaviour in normal ageing. We asked 115 emerging adults (mean age = 20.86 years), 86 young adults (mean age = 30.59), 82 middle-aged adults (mean age = 44.57) and 108 seniors (mean age = 65.19) to play an online game. We rated their illusion of control, risk-taking and TP. Analysis revealed that seniors took more risks and had less illusion of control than younger adults. The fatalistic-present TP positively influenced the illusion of control, such that perceiving the present as being determined by uncontrollable forces increased the perceived level of control. Finally, we found an influence of age on TP. These results suggest that seniors constitute a specific population in terms of gambling-related cognitions and behaviours. Including TP in risky behaviour assessments would allow the development of tailor-made preventive measures.

The current study advances past research by studying the impact of juvenile justice decision making with a geographically and ethnically diverse sample (N = 1,216) of adolescent boys (ages 13–17 years) for the 5 years following their first arrest. Importantly, all youth in the study were arrested for an eligible offense of moderate severity (e.g., assault, theft) to evaluate whether the initial decision to formally (i.e., sentenced before a judge) or informally (i.e., diverted to community service) process the youth led to differences in outcomes. The current study also advanced past research by using a statistical approach that controlled for a host of potential preexisting vulnerabilities that could influence both the processing decision and the youth's outcomes. Our findings indicated that youth who were formally processed during adolescence were more likely to be re-arrested, more likely to be incarcerated, engaged in more violence, reported a greater affiliation with delinquent peers, reported lower school enrollment, were less likely to graduate high school within 5 years, reported less ability to suppress aggression, and had lower perceptions of opportunities than informally processed youth. Importantly, these findings were not moderated by the age of the youth at his first arrest or his race and ethnicity. These results have important implications for juvenile justice policy by indicating that formally processing youth not only is costly, but it can reduce public safety and reduce the adolescent's later potential contributions to society.