Examveda

Principle: No person can sue for a tort to which he had consented either expressly or impliedly. Voluntarily suffered injury is not fit for action. However rescue cases are exceptions.
Facts: A short distance from 'X's house, there was a railway collision due to the negligence of railway authority. 'X' voluntarily took an active part in rescue operations at the scene of the accident. As a result, he suffered prolonged anxiety and neurosis. He filed a suit for damages against railway authority.

A. A' will not succeed as he went to the scene of accident voluntarily

B. A' being a rescuer, wrongdoer owed a duty towards him also and is liable to compensate him

C. A' will not succeed as railway authority was not negligent towards him

D. A' will not succeed as railway authority cannot foresee any harm to him

Answer: Option B


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