AILET 2017 BA LLB Question Paper

Question : 76 of 150

Marks: +1, -0

Legal Principle: 1. A careless person becomes liable for his negligence when he owed a duty of care to others.
2. Volenti non fit injura is defence to negligence.
Factual Situation: K was a friend of L and was teaching her to drive. Priorto such an arrangement K had sought assurances from L that appropriate insurance had been purchased in the event of accident. On the third day, L was executing a simple manoeuvre at slow speed when she panicked which resulted in the car crashing intoa 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 controlof the vehicle. Decide
Decision:

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 owe a duty of care towards public in general and towards the passenger in specific.

Validate

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