Principle: `Volenti non fit injuria', a well-established legal principle, means that a person has no legal remedy for the injury caused by an act which he has consented.
Situation: An old man was walking in a narrow one-way lane in the opposite direction. It was night-time and there was no street lighting. A car moving in right direction but without headlights knocked him down since the driver could not see him. He filed a suit against the driver.
  • a)
    He would lose, because he violated the traffic rules in the first instance.
  • b)
    He would lose, because he voluntarily exposed herself to risks.
  • c)
    The driver would lose, because he drove without proper headlights.
  • d)
    The driver would not lose, because he drove without proper headlights.
Correct answer is option 'C'. Can you explain this answer?
Related Test: Law Of Tort Test-10

CLAT Question

By Anannya Reddy · Feb 22, 2020 ·CLAT
3 Answers
Sakshi Singh answered Feb 23, 2020
Although, the old man voluntarily exposed him to the danger (walking in opposite direction on one-way lane) the driver still have last opportunity to avoid the accident. so, the driver will be held liable.
option C is correct option.

Himadri Purnima answered Mar 28, 2020
Here,the driver is not having proper care and caution i.e. he was without headlights thus causing injury to the old man . The old man file a suit and according to the principle as there is no legal remedy for the injury caused by an act which he has consented. Therefore. the driver is liable for the injury caused with his carelessness.

This discussion on Principle: `Volenti non fit injuria, a well-established legal principle, means that a person has no legal remedy for the injury caused by an act which he has consented.Situation: An old man was walking in a narrow one-way lane in the opposite direction. It was night-time and there was no street lighting. A car moving in right direction but without headlights knocked him down since the driver could not see him. He filed a suit against the driver.a)He would lose, because he violated the traffic rules in the first instance.b)He would lose, because he voluntarily exposed herself to risks.c)The driver would lose, because he drove without proper headlights.d)The driver would not lose, because he drove without proper headlights.Correct answer is option 'C'. Can you explain this answer? is done on EduRev Study Group by CLAT Students. The Questions and Answers of Principle: `Volenti non fit injuria, a well-established legal principle, means that a person has no legal remedy for the injury caused by an act which he has consented.Situation: An old man was walking in a narrow one-way lane in the opposite direction. It was night-time and there was no street lighting. A car moving in right direction but without headlights knocked him down since the driver could not see him. He filed a suit against the driver.a)He would lose, because he violated the traffic rules in the first instance.b)He would lose, because he voluntarily exposed herself to risks.c)The driver would lose, because he drove without proper headlights.d)The driver would not lose, because he drove without proper headlights.Correct answer is option 'C'. Can you explain this answer? are solved by group of students and teacher of CLAT, which is also the largest student community of CLAT. If the answer is not available please wait for a while and a community member will probably answer this soon. You can study other questions, MCQs, videos and tests for CLAT on EduRev and even discuss your questions like Principle: `Volenti non fit injuria, a well-established legal principle, means that a person has no legal remedy for the injury caused by an act which he has consented.Situation: An old man was walking in a narrow one-way lane in the opposite direction. It was night-time and there was no street lighting. A car moving in right direction but without headlights knocked him down since the driver could not see him. He filed a suit against the driver.a)He would lose, because he violated the traffic rules in the first instance.b)He would lose, because he voluntarily exposed herself to risks.c)The driver would lose, because he drove without proper headlights.d)The driver would not lose, because he drove without proper headlights.Correct answer is option 'C'. Can you explain this answer? over here on EduRev! Apart from being the largest CLAT community, EduRev has the largest solved Question bank for CLAT.
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