Legal Principle: 1. A careless person becomes liable for his negligence when he owed a duty of care to others. 2. Volenti non fit injura is defence to negligence. Factual Situation: K was a friend of L and was teaching her to drive. Priorto such an arrangement K had sought assurances from L that appropriate insurance had been purchased in the event of accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing intoa lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non fit injuria and also that she was just learning to drive and was not in complete controlof the vehicle. Decide Decision:

Question

Legal Principle: 1. A careless person becomes liable for his negligence when he owed a duty of care to others.  2. Volenti non fit injura is defence to negligence.  Factual Situation: K was a friend of L and was teaching her to drive. Priorto such an arrangement K had sought assurances from L that appropriate insurance had been purchased in the event of accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing intoa lamp-post injuring K. L was subsequently convicted of driving without due care and attention. L denied liability to pay compensation to K on the ground of volenti non fit injuria and also that she was just learning to drive and was not in complete controlof the vehicle. Decide  Decision:

Examsnet · Accepted Answer

Correct Answer is : L is liable as the defence of volenti non fit injura was not applicable. Secondly, that the duty of care owed by a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver

AILET 2017 BA LLB Question Paper

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