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A person who is not qualified as a medical practitioner, performed an operation with the consent of a patient. The patient dies. Which one of the following grounds will be most appropriate to determine his liability?
Volenti non fit injuria is a complete defence
He has no intention to kill and has performed the operation in good faith for the benefit of the person
He has earlier done similar operations with a success
As he is not a medical practitioner and is unskilled the plea of consent and good faith will not be available.
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