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Question
LEGAL PRINCIPLE:
(1) A careless person becomes liable for his negligence when he owned a duty of care to others
(2) Volenti non fit injuria is defence to negligence
FACTUAL SITUATION: K was a friend of L and was teaching her to drive. Prior to such an arrangement K had sought assurances from L that appropriate insurance had been purchased in the event of accident. On the third day, L was executing simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted for driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non fit injuria and also that she was just learning to drive and was not in complete control of the vehicle.
DECISION will be _____.
LEGAL PRINCIPLE:
(1) A careless person becomes liable for his negligence when he owned a duty of care to others
(2) Volenti non fit injuria is defence to negligence
FACTUAL SITUATION: K was a friend of L and was teaching her to drive. Prior to such an arrangement K had sought assurances from L that appropriate insurance had been purchased in the event of accident. On the third day, L was executing simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted for driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non fit injuria and also that she was just learning to drive and was not in complete control of the vehicle.
DECISION will be _____.
DECISION will be _____.
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Solution
The correct option is B L is liable as the defence of volenti non fit injuria was not applicable. Secondly, that the duty of care owed by a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver
The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
The defence of violenti non fit injuria requires a freely entered and voluntary agreement by the claimant, in full knowledge of the circumstances, to absolve the defendant of all legal consequences of their actions.
Hence, L will be held liable as the defence was not applicable.
The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
The defence of violenti non fit injuria requires a freely entered and voluntary agreement by the claimant, in full knowledge of the circumstances, to absolve the defendant of all legal consequences of their actions.
Hence, L will be held liable as the defence was not applicable.
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