Question

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?

• A. Volenti-non-fit-injuria
• B. Act of God
• C. Inevitable Accident
• D. Act of Necessity

Answer 1

The Correct Option is A

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.