Question

Ms J, knowing while taking the lift that driver Mr T was under the influence of alcohol, met with an accident and sustained major injuries. She has filed a case for compensation. Which defence could be claimed by Mr T?

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

Hint:

Volenti non fit injuria protects defendants when the plaintiff knowingly and willingly assumes the risk of injury.

Answer 1

The Correct Option is C

Step 1: Understanding the doctrine of Volenti non fit injuria.
The term means “to a willing person, no injury is done.” It applies when a person voluntarily consents to the risk of harm. In such cases, the defendant cannot be held liable for the resulting injury.
Step 2: Application to the case.
Ms J willingly took the lift knowing that the driver, Mr T, was intoxicated. By doing so, she accepted the risk associated with the situation. Therefore, Mr T can claim the defence of Volenti non fit injuria.
Step 3: Analysis of other options.
(A) Inevitable Accident — Not applicable, as the accident could have been avoided.
(B) Act of Necessity — Refers to acts done to prevent a greater harm, not applicable here.
(D) Act of God — Applies to natural calamities, not human negligence.
Step 4: Conclusion.
Hence, Mr T can claim the defence of Volenti non fit injuria as Ms J consented to the known risk.