Principle Consent is a good defence for civil action in tort But consent must include both knowledge...........

Legal Concepts Law of Torts

Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.

Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.

Driver can take the plea that he was lightly intoxicated.

Lady is not entitled to claim compensation as she had knowledge of the risk.

Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.

Lady can refuse to pay the fare as she had suffered injuries.

Explanation:

However the fact that the lady passenger’ knowledge of the fact that the cab driver was intoxicated points to her ability to expect certain consequences based on such a risk. An intoxicated driver is likely to drive carelessly and on the road that is going to lead an accident in all likelihood, hence this amounts to ‘volenti non fit injuria’. Lady is entitled to claim compensation as she only knew about risk and there was no assumption of risk.