Question
Legal Studies Question on Legal Propositions and Reasonings
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : A person who suffers an injury caused as a result of a risk to which they consented, cannot complain of the consequent damage. The defendant must have the capacity to give consent to risks involved, have complete knowledge of the extent as well as nature of risks and agree to the risk voluntarily.
Facts: Q urged his older brother Z to allow him to ride Z’s motorbike. Q had recently obtained a motorbike driving license and was eager to ride Z’s motorbike. The motorbike had a complex operation mechanism, which Q did not understand. Z did not bother to explain this to Q and let him ride the bike. Q met with an accident and is suing Z for the injuries caused. Z contends that Q consented to the risk. Decide.
Q did not consent to the risk because he did not have capacity to consent to the risk
Q did not consent to the risk because his consent was not voluntary
Q consented to the risk because he urged Z to let him ride the motorbike
Q did not consent to the risk because he did not have knowledge of the extent and nature of risk
Q did not consent to the risk because he did not have knowledge of the extent and nature of risk
Solution
The correct option is (D) : Q did not consent to the risk because he did not have knowledge of the extent and nature of risk.