Question:

Ms. J knew the driver T was under the influence of alcohol, yet took a lift and was injured in the resulting crash. Which defence can T invoke?

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Consent to an obvious risk can defeat a negligence claim — that is volenti.
Updated On: Oct 3, 2025
  • Act of God
  • Inevitable Accident
  • Act of Necessity
  • \textit{Volenti non fit injuria}
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The Correct Option is D

Solution and Explanation

The maxim volenti non fit injuria bars recovery where the plaintiff knowingly and willingly accepts the risk of harm. By entering a vehicle despite knowing the driver is intoxicated, the plaintiff assumes an obvious risk connected with negligent driving. Subject to statutory constraints and proof of informed consent, this is the textbook defence, making (4) correct.
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