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Directions: The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.''
In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of 'volenti non-fit injuria' in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.
In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.
For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.
Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.
But only having knowledge about the risk is not enough for the application of this defence, it is known as 'scienti non fit injuria', which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.
In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.
Q. Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decide
  • a)
    Diya cannot file a suit against Akash as she agreed for the surgery.
  • b)
    Diya can file a suit against Akash as she had consented only for the surgery.
  • c)
    Diya will not get any compensation under torts as it is a criminal offence.
  • d)
    Either 2 or 3
Correct answer is option 'B'. Can you explain this answer?
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Directions:The question is based on the reasoning and arguments, or fa...
In this case, even though the surgery is successful, the surgeon will be held liable because Divya did not give her consent for the removal of her kidney but only for the surgery.
According to the passage, in case the consent of the plaintiff (Diya) is not free, the defendant (Akash) cannot claim this defence to escape liability and the defendant will be held liable for damage caused.
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Priya has a scooty whose brakes do not work. Disha knowing about the conditions of the scooty still agrees for a ride with Priya driving it. Due to the failure of brakes they both sustain injuries in an accident. Disha filed a suit against Priya. Can Disha claim compensation for the same?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Jeevan has to undergo an operation for his ear infection and the doctor fails to inform him about the risk of losing his hearing ability due to operation believing that there is no such risk to his ear. During the operation, Jeevan loses his hearing ability. Will the doctor be liable?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Gaurav is a cricket player, who got his shoulder injured due to a full toss ball by Neerav. Can Gaurav claim damages?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Ram, working on Shams construction site, had a crane which carried rocks over workers heads. Ram had also complained Sham about the risk. One day Ram was injured because of the rocks falling on him. Ram sued Sham for the damages. Decide.

Directions: Read the following passage and answer the question.In the law of torts, one defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.[Extracted, with edits and revisions, from volenti non fit injuria, blog by lawtimesjournal]Q.Diya, who has a heart condition, consults with Akash, a surgeon, and is informed that she requires surgery, to which she gives her consent. However, during the surgery, Akash removes one of Diyas kidneys without her knowledge. How should this situation be resolved?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer?
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Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer?.
Solutions for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held liable and has to pay damages or provide some other remedy which the Court determines to the victim of such an act. But in some cases even if a person suffers some loss because of the act of another person, he cannot claim damages from that person because of the operation of defences of tort. One such defence available to a defendant is the defence of volenti non-fit injuria in which the plaintiff is not entitled to damages because he consents to the act which has caused injury to him.In torts, there is a duty on every person to do acts with reasonable care in order to avoid any harm which may occur due to their failure of taking such care. This is general, but there are certain exceptions which are allowed in these cases called defences to tort. Under these defences, a defendant can escape liability, and volenti non-fit injuria is also one such defence which is available for the defendant.For the application of this defence, there are some essential elements or conditions which must be fulfilled to prevent liability. The plaintiff has the knowledge of the risk and that the plaintiff with this knowledge has voluntarily agreed to suffer the harm.Thus, whenever the plaintiff is aware of the possibility of harm which is likely to be caused by an act and when he still accepts to do that act and therefore agrees to suffer the injury, a defendant is relieved of his liability.But only having knowledge about the risk is not enough for the application of this defence, it is known as scienti non fit injuria, which means that mere knowledge does not mean consent to the risk. Thus, having knowledge is only a partial fulfillment of the conditions for the application of volenti non fit injuria.In the cases where the defendant is taking the defence, the burden of proof is on him to show that the plaintiff had full knowledge of the act and consented to the risk involved in the act and the defendant has to show that the plaintiff was also aware of the extent of risk which was involved in the act. For such a defence, the consent of the defendant is not required to be expressly given and even by his conduct, his consent can be taken. When a plaintiff gives his consent for an act, such consent should be free from any coercion, fraud or any other such means by which the free consent can be affected. In case the consent of a person is not free, the defendant cannot claim this defence to escape liability and he will be held liable for damage caused.Q.Diya, having a heart problem, goes to Akash, a surgeon, and is told that she must undergo a surgery, to which she agrees. During the surgery, Akash removes one kidney of Diya without her knowledge. Decidea)Diya cannot file a suit against Akash as she agreed for the surgery.b)Diya can file a suit against Akash as she had consented only for the surgery.c)Diya will not get any compensation under torts as it is a criminal offence.d)Either 2 or 3Correct answer is option 'B'. 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