The defence of volenti non fit injuria, is not available

Following are good defences to an action in torts:
1. Volenti non fit injuria
2. Scienti non fit injuria
3. Vis major
Choose the correct answer by using the given below

A

1, 2

B

2, 3

C

1, 3

D

3 only

Volenti non fit injuria is a defence under the

A

Law of revenue

B

Law of torts

C

Law of Constitution

D

None of the above

For the defence of Volenti non fit injuria' all, but one, should be proved concurrently

A

That the plaintiff had knowledge of the risk

B

The he fully appreciated the risk

C

That he freely and voluntarily accepted the risk

D

The act causing the harm must go beyond the limit of what has been consented

For the application of the defence of volenti non fit injuria it is sufficient if:

A

The plaintiff knew that the risk is there and he knowing the same, agreed to suffer the harm

B

The plaintiff agreed to suffer the harm

C

The plaintiff either know that the risk is there or he agreed to suffer the harm voluntarily

D

The plaintiff knew that the risk is there

For the defence of volenti non-fit injuria, it is necessary that

A

The plaintiff knowing that risk is there, agrees to suffer the harm

B

The plaintiff agrees to suffer the harm

C

The plaintiff knows that risk is there

D

The plaintiff agrees to suffer the harm without knowing that risk is there

Exception to the defence of volenti non fit injuria

A

Rescue cases

B

In England unfair terms contract act

C

Either (A) or (B)

D

Both (A) and (B)

For volenti non-fit injuria to be available, it is necessary that

A

The plaintiff knows that risk is there

B

The plaintiff agrees to suffer the harm

C

The plaintiff knowing that risk is there, agrees to suffer the harm

D

All the above

Volenti non fit injuria is available

A

When the plaintiff consents to take risk but the defendant is negligent

B

When the plaintiff consents to take risk and the defendant is also not negligent

C

Both (A) and (B)

D

Neither (A) nor (B)

Two persons voluntarily took lift in a jeep were thrown out and sustained injuries due to the giving way of the bolts, fixing the right front wheel and thereby toppling the jeep. Principle of volenti non fit injuria was held to be not applicable to them in

A

R v. Williams

B

Padmavati v. Dugganaika

C

Hall v. Braaklands Auto Racing Club

D

Waaldrige v. Sumner

Which one of the following is not an exception to the rule of volenti non fit injuria?

A

Surgeon amputates a limb of a patient to save his life

B

Injury is caused while play fighting with naked swords at a religious function

C

Injury is caused to a player in football match

D

Injury is caused while doing lawful acts under contract

The defence of volenti non fit injuria, is not available

Related Questions