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Bioethics

LEGAL PRINCIP...

Question

LEGAL PRINCIPLE: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e. readiness to bear harm.

FACTUAL SITUATION: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The met with an accident and lady got injured.

Decide

A

Lady can refuse to pay the fare as she had suffered injuries.

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B

Lady is entitled to claim compensation as she only knew about the risk and there was no assumption of risk.

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C

Lady is not entitled to claim compensation as she had knowledge of the risk.

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D

Driver can take plea that he was lightly intoxicated.

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Solution

The correct option is A Lady is entitled to claim compensation as she only knew about the risk and there was no assumption of 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, Lady will be entitled to compensation.

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Q. Principle : Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.
Facts : A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

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Q. Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle:

1.1. Volenti non fit injura 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 an accident. On the third day, L was executing a simple maneuver at slow speed when she panicked which resulted in the car crashing into a lamp-post injuring K. L was subsequently convicted of 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. Decide.

Q. 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 _____.

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