- 04/25/2019 at 1:55 pm #616955EduGorillaKeymasterSelect Question Language :
Directions: The question consists of two statements, one labelled as Principles and the other as Facts. You are to examine the principles and apply them to the given facts carefully and select the best option.
1. A person, who has voluntarily agreed to suffer harm, cannot claim damages for such harm. This consent to suffer harm can be either express or even implied. However, such consent must be given freely and not obtained by fraud or any other illegal means.
2. Above rule do not apply to rescue case, where plaintiff voluntarily takes a risk to save somebody from the danger caused by the wrongful act of the defendant.
Facts: Due to negligence of Shree Ram & Co., a well was filled with poisonous fumes of petrol driven pump and two of his workmen were overcome by the fumes. Nishant preferred to go into the well with a view to make an attempt to help the two workmen already inside the well. He tied a rope to himself and went inside, while two men held the rope at the top. As soon as he went inside, he was also overcome by the fumes. The two workmen and Nishant died on the way to the hospital, Nishant’s widow sued Shree Ram & Co. to claim compensation for her husband’s death. Company pleaded that Nishant himself consented for the act and they are not liable for his death.
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- Shree Ram & Co. is not liable as it was clear that Nishant may not be successful in rescuing the workmen.
- Nishant's wife is entitled to compensation.
- Shree Ram & Co. is not liable because Nishant consented for the whole incident.
- None of the above
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