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Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
- a)Driver can take the plea that he was lightly intoxicated
- b)Lady is not entitled to claim compensation as she had knowledge of the risk
- c)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk
- d)Lady can refuse to pay the fare as she suffered injuries
Correct answer is option 'C'. Can you explain this answer?
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Principle: Consent is a good defence for civil action in tort. But con...
She was aware of the risk , as the driver of the cab was intoxicated . But ,there are no chances of an accident it's a natural phenomenon . As she got injured she is liable for the compensation from the driver . Applying the Consent Defense Consent is an agreed safeguard that might be accessible to you in the event that you are being sued for a deliberate tort.
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Principle: Consent is a good defence for civil action in tort. But con...
Understanding Consent in Tort Law
In tort law, consent plays a crucial role as a defense against civil actions. However, for consent to be valid, it must encompass both knowledge of the risk and an assumption of that risk.
Facts of the Case
In the given scenario, the lady passenger was aware that the driver of the cab was slightly intoxicated. This knowledge is significant in understanding her stance in a potential claim for compensation after the cab accident.
Knowledge of Risk
- The lady's awareness of the driver's intoxication indicates that she had knowledge of the risk involved in traveling with him.
- This knowledge alone, however, does not negate her right to compensation if she did not assume the risk of injury.
Assumption of Risk
- Assumption of risk implies that the individual accepts the potential consequences of a dangerous situation.
- In this case, the lady may not have explicitly assumed the risk of harm by choosing to travel in the cab, especially if she believed the driver was only "a little" intoxicated and did not foresee the possibility of an accident.
Conclusion
- Therefore, the correct interpretation is that the lady is entitled to claim compensation. She was aware of the risk but did not fully assume the risk of injury given the circumstances.
- Her knowledge does not mean she agreed to bear the harm resulting from the driver's actions, which were beyond her control.
In summary, option 'C' correctly reflects that while the lady knew of the risk, her lack of assumption of that risk entitles her to seek compensation for her injuries.
In tort law, consent plays a crucial role as a defense against civil actions. However, for consent to be valid, it must encompass both knowledge of the risk and an assumption of that risk.
Facts of the Case
In the given scenario, the lady passenger was aware that the driver of the cab was slightly intoxicated. This knowledge is significant in understanding her stance in a potential claim for compensation after the cab accident.
Knowledge of Risk
- The lady's awareness of the driver's intoxication indicates that she had knowledge of the risk involved in traveling with him.
- This knowledge alone, however, does not negate her right to compensation if she did not assume the risk of injury.
Assumption of Risk
- Assumption of risk implies that the individual accepts the potential consequences of a dangerous situation.
- In this case, the lady may not have explicitly assumed the risk of harm by choosing to travel in the cab, especially if she believed the driver was only "a little" intoxicated and did not foresee the possibility of an accident.
Conclusion
- Therefore, the correct interpretation is that the lady is entitled to claim compensation. She was aware of the risk but did not fully assume the risk of injury given the circumstances.
- Her knowledge does not mean she agreed to bear the harm resulting from the driver's actions, which were beyond her control.
In summary, option 'C' correctly reflects that while the lady knew of the risk, her lack of assumption of that risk entitles her to seek compensation for her injuries.
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Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? for Humanities/Arts 2025 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer?.
Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? for Humanities/Arts 2025 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for Humanities/Arts 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for Humanities/Arts.
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Here you can find the meaning of Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e., readiness to bear harm.Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.a)Driver can take the plea that he was lightly intoxicatedb)Lady is not entitled to claim compensation as she had knowledge of the riskc)Lady is entitled to claim compensation as she only knew about risk and there was no assumption of riskd)Lady can refuse to pay the fare as she suffered injuriesCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice Humanities/Arts tests.
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