Question Details

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.

Options

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.

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