Ms. J, knowing the driver was under the influence of alcohol, took a lift with Mr. T. After an accident, Ms. J filed a case for compensation. What defense can Mr. T claim?
- Volenti-non-fit-injuria
- Act of God
- Inevitable Accident
- Act of Necessity
The Correct Option is A
Solution and Explanation
The defense that Mr. T could claim is Volenti-non-fit-injuria. This Latin maxim translates to ”to one who volunteers, no injury is done.” It means that if a person knowingly and willingly accepts a risk, they cannot later sue for damages if they are injured. In this case, Ms. J knew that Mr. T was under the influence of alcohol and still chose to ride in the lift. Therefore, she may be considered to have voluntarily assumed the risk.
Top Questions on Law of Torts
Match List-I with List-II\[\begin{array}{|c|c|} \hline \textbf{Provision} & \textbf{Case Law} \\ \hline \text{(A) Strict Liability} & \text{(1) Ryland v. Fletcher} \\ \hline \text{(B) Absolute Liability} & \text{(II) M.C. Mehta v. Union of India} \\ \hline \text{(C) Negligence} & \text{(III) Nicholas v. Marsland} \\ \hline \text{(D) Act of God} & \text{(IV) MCD v. Subhagwanti} \\ \hline \end{array}\]
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