Ms J knowingly took a lift with driver Mr T who was under the influence of alcohol. The car met with an accident and Ms J got injuries. She filed a case for compensation. Which defence could be claimed by Mr T?
Explanation & Strategy
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Ms J knew the driver was intoxicated yet voluntarily chose to ride with him — she assumed the risk of an accident with full knowledge of the danger. This is a classic application of volenti non fit injuria. The key elements are: (1) knowledge of the risk, and (2) voluntary acceptance. Act of God requires extraordinary natural events, inevitable accident requires absence of negligence, and necessity requires emergency — none of which apply here since the accident was caused by known, voluntary human conduct.