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Principle: a Person Has No Legal Remedy for an Injury Caused by an Act to Which He Has Consented. -

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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.

Principle: A person has no legal remedy for an injury caused by an act to which he has consented.

Facts: 'R', a cricket enthusiast, purchases a ticket to watch a T20 match organized by the Indian Premier League (IPL). During the match, a ball struck for six hits 'R' on his body and injures him. He sues IPL for compensation for the medical expenses.
Which of the following derivation is correct?

Options

  • 'R' should be compensated as he purchased the ticket to get entertainment and not to get injured.

  • 'R' would fail in his action, as he voluntarily exposed himself to the risk.

  • IPL would be liable as it did not ensure that the spectators were protected from the risk of such injuries.

  • None of the above

MCQ

Solution

'R' would fail in his action, as he voluntarily exposed himself to the risk.

Explanation:

According to a legal maxim 'volenti non fit injuria',  in the given situation R would fail in his action, as he voluntarily exposed himself to the risk. This maxim means, one who knowingly and voluntarily consents to and takes on a risk (for example, by participating in a potentially dangerous sport, such as motor racing or skiing) cannot ask for compensation for the damage or injury resulting from it. 

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Law of Torts (Entrance Exams)
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