Examveda
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


This Question Belongs to Law >> Law Of Torts

Join The Discussion

Related Questions on Law of Torts

The maxim 'scienti non fit injuria' means

A. Where there is no fault, there is no remedy

B. Mere knowledge does not imply consent to take risk

C. Mere giving consent does not imply to take risk

D. Scientific knowledge is not enough to cause injury