Legal Principle: 1. A person is liable for his negligence when he owed a duty of care to others and commits a breach of that duty causing injury thereby. 2. Volenti non fit injuria is defence to negligence. Factual Situation : Anil and his wife, Reena,were in a shop as customers, where a skylight in the roof of the shop was broken, owing to the negligence of the contractors engaged in repairing the roof, and a portion of the glass fell and struck Anil causing him a severe shock. Reena, who was standingclose to him, was not touched by the falling glass, but, reasonably believing her husband to be in danger, she instinctively clutched his arm, and tried to pull him from the spot. In doing this, she strained her leg in such a way as to bring about a recurrenceof thrombosis. Anil and Reena are claiming compensation for their injuries which were caused due to the negligence of the shop owners. The shop owners are denying liability on the grounds of volenti non fit injuria. The defence of volenti non fit injuria

Question

Legal Principle:   1. A person is liable for his negligence when he owed a duty of care to others and commits a breach of that duty causing injury thereby.   2. Volenti non fit injuria is defence to negligence.   Factual Situation : Anil and his wife, Reena,were in a shop as customers, where a skylight in the roof of the shop was broken, owing to the negligence of the contractors engaged in repairing the roof, and a portion of the glass fell and struck Anil causing him a severe shock. Reena, who was standingclose to him, was not touched by the falling glass, but, reasonably believing her husband to be in danger, she instinctively clutched his arm, and tried to pull him from the spot. In doing this, she strained her leg in such a way as to bring about a recurrenceof thrombosis. Anil and Reena are claiming compensation for their injuries which were caused due to the negligence of the shop owners. The shop owners are denying liability on the grounds of volenti non fit injuria. The defence of volenti non fit injuria

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Correct Answer is :  is not available in respect of both husband and wife

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