Question

PRINCIPLE: When a person voluntarily agrees to suffer some harm, he is not allowed to complain for that.

FACTS: 'A' was one of the spectators at a formula one car race, being held at Gurgaon, on a track owned by one 'M' company. During the race, there was a collision between two racing cars, one of which was thrown away amidst spectators, thereby causing an injury to 'A'. 'A' claims damages for the injuries caused to him.

DECIDE.

• A. M company will be liable to pay damages because the injury was caused during the race organized by it.
• B. M company will not be liable to pay damages because A had come to see the race on his own will.
• C. M company will not be liable to pay damages because the collision between the cars was beyond its control.
• D. M company will be liable to pay damages because it has earned huge revenue by way of sale of tickets for the event.

Answer 1

Answer: (B)

M company will not be liable to pay damages because A had come to see the race on his own will.

The above case based on latin phrase, a common law doctrine which denotes that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort. 'Volenti' is also known as "voluntary assumption of risk." Hence, M company will not be liable since A consented.