Question:
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : 1. A careless person becomes liable for his negligence when he owed 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 a simple manoeuvre 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 incomplete control of the vehicle. Decide.
DECISION :
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : 1. A careless person becomes liable for his negligence when he owed 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 a simple manoeuvre 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 incomplete control of the vehicle. Decide.
DECISION :
LEGAL PRINCIPLE : 1. A careless person becomes liable for his negligence when he owed 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 a simple manoeuvre 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 incomplete control of the vehicle. Decide.
DECISION :
Updated On: Aug 5, 2024
- 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.
- L is not liable as K voluntarily accompanied her.
- L is not liable as she is just learning to drive and duty of care rests upon the instructor.
- L is not liable as a learner driver do not owe a duty of care towards public in general and towards the passenger in specific.
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The Correct Option is A
Solution and Explanation
The correct option is (A): L is liable as the defence of volenti non fit injuria was not applicable. Secondly, that the duty of care owed Aby a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver.
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