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प्रश्न
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.
विकल्प
Lady can refuse to pay the fare as she had suffered injuries.
Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
Lady is not entitled to claim compensation as she had knowled ge of the risk.
Driver can take the plea that he was lightly intoxicated.
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उत्तर
Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.
Explanation:
i. The plaintiff knows that there is a risk.
ii. He knowingly agrees to suffer harm.
If only the first point is present, there is only knowledge of the risk, it is no defence because the maxim his volentinon fit injuria. Merely because the plaintiff knows of the harm does not imply that he assent to suffer harm. The reasonable conclusion drawn Lady is entitled to claim compensation as she only knew about the risk and there was no assumption of risk.
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संबंधित प्रश्न
Principles: A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master. · In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.
Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'.
Mark the best option:
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Principle:
- Every person has a right to defend his own person, property or possession against unlawful harm.
- The person may use reasonable force in order to protect his person, property or possession
- However, the force employed should be proportionate to the apprehended danger.
Mark the best option:
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Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.
Statement: Official data show more people died on Indian roads in 2016 than in 2015; UP and Tamil Nadu accounted for the largest numbers of fatalities.
Courses of Action:
I. The government should make a policy regulating the manufacturing of automobiles for private use.
II. The government should take steps to create awareness among the public about road safety.
III. Accidents can be avoided if the Government takes steps to make good roads.
IV. To eliminate accidents completely the Government should impose stringent punishments for traffic violations.
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