Question

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.

• A. Lady can refuse to pay the fare as she had suffered injuries.
• B. Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
• C. Lady is entitled to claim compensation as she had knowledge of risk.
• D. Driver can take the plea that he was lightly intoxicated.

Answer 1

The correct option is B Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

i. The plaintiff knows that there is a risk.
ii. He knowingly agrees to suffer the harm.
If only first point is present, there is only knowledge of the risk, it is no defence because the maxim his volentinon fit injuria. Merely because the plaintiff knows of the harm does not imply that he assent to suffer harm. The reasonable conclusion drawn Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

. option b is correct.
Hence option (b) is correct.op

.
Hence option (b) is correct.