Question
Legal Studies Question on Legal Propositions and Reasonings
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts 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. Volenti non fit injuria is 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 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 incomplete control of the vehicle. Decide.
DECISION :
L is liable as the defence of volenti non fit injuria 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.
L is liable as the defence of volenti non fit injuria 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.
Solution
The correct option is (A): L is liable as the defence of volenti non fit injuria was not applicable. Secondly, that the duty of care owed Aby a learner driver to the public (including passengers) was to be measured against the same standard that would be applied to any other driver.