Question:
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : A person who suffers an injury caused as a result of a risk to which they consented, cannot complain of the consequent damage. The defendant must have the capacity to give consent to risks involved, have complete knowledge of the extent as well as nature of risks and agree to the risk voluntarily.
Facts: Q urged his older brother Z to allow him to ride Z’s motorbike. Q had recently obtained a motorbike driving license and was eager to ride Z’s motorbike. The motorbike had a complex operation mechanism, which Q did not understand. Z did not bother to explain this to Q and let him ride the bike. Q met with an accident and is suing Z for the injuries caused. Z contends that Q consented to the risk. Decide.
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : A person who suffers an injury caused as a result of a risk to which they consented, cannot complain of the consequent damage. The defendant must have the capacity to give consent to risks involved, have complete knowledge of the extent as well as nature of risks and agree to the risk voluntarily.
Facts: Q urged his older brother Z to allow him to ride Z’s motorbike. Q had recently obtained a motorbike driving license and was eager to ride Z’s motorbike. The motorbike had a complex operation mechanism, which Q did not understand. Z did not bother to explain this to Q and let him ride the bike. Q met with an accident and is suing Z for the injuries caused. Z contends that Q consented to the risk. Decide.
Principle : A person who suffers an injury caused as a result of a risk to which they consented, cannot complain of the consequent damage. The defendant must have the capacity to give consent to risks involved, have complete knowledge of the extent as well as nature of risks and agree to the risk voluntarily.
Facts: Q urged his older brother Z to allow him to ride Z’s motorbike. Q had recently obtained a motorbike driving license and was eager to ride Z’s motorbike. The motorbike had a complex operation mechanism, which Q did not understand. Z did not bother to explain this to Q and let him ride the bike. Q met with an accident and is suing Z for the injuries caused. Z contends that Q consented to the risk. Decide.
Updated On: Aug 18, 2025
- Q did not consent to the risk because he did not have capacity to consent to the risk
- Q did not consent to the risk because his consent was not voluntary
- Q consented to the risk because he urged Z to let him ride the motorbike
- Q did not consent to the risk because he did not have knowledge of the extent and nature of risk
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The Correct Option is D
Solution and Explanation
The principle of law involved here is Volenti non fit injuria, which means a person who consents to a risk cannot claim damages for the injury caused by that risk. For this principle to apply, the individual must:
- Have the capacity to give consent to the risks involved.
- Possess complete knowledge of the extent and nature of the risks.
- Agree to the risk voluntarily.
Analyzing the facts given:
- Q urged Z to let him ride the motorbike, showing eagerness and indicating a voluntary action.
- Q had a motorbike driving license, suggesting he had the capacity to consent.
- However, Q did not understand the complex operation mechanism of the motorbike, meaning he did not have complete knowledge of the extent and nature of the risks involved.
Therefore, under the legal principle stated, Q did not consent to the risk because he lacked knowledge of the extent and nature of the risk. The correct answer is:
Q did not consent to the risk because he did not have knowledge of the extent and nature of risk
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