Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer. 

Legal Principle

1. A careless person becomes liable for his negligence when he owed a duty of care to others.

2. Valenti's non-fit injury is a defence to negligence.

Factual Situation

K was a friend of L and was teaching her to drive. Prior to such an arrangement, K had sought assurances from L that appropriate Insurance had been purchased in the event of an accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing into a 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 control of the vehicle. Decide.

विकल्प

• 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

• L is not liable as K voluntarily accompanied her

• L is not liable as she is just learning to drive and duty of care rests upon the instructor

• L is not liable as a learner driver do not me a duty of care towards the public in general and towards the passenger in specific

Answer 1

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

Explanation:

L is liable as the defence of volenti non-fit injuria was not acceptable. Secondly, that the duty of care owned by a learned driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver. L even though was a learner driver had a duty just like any other driver to undertake proper care towards the public and co-passengers (K). She will be held liable for the injuries caused to K. Volenti non fit injuria will not be applicable as L.