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Law of torts
The document discusses the legal defense of volenti non fit injuria in tort law. It notes that under this defense, a person cannot seek compensation for injuries suffered during an event if they engaged in that event willingly and aware of the inherent risks. For the defense to apply, the plaintiff's consent must have been given freely and applied specifically to the act done by the defendant. The document also summarizes a case where a hospital was found liable for removing a woman's uterus without justification during surgery intended to address a lump in her breast.
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Introduction of Bhargav Dangar, Roll No. 24 focusing on Law of Torts.
Explains the defence of Volenti non fit injuria, indicating voluntary acceptance of risk prevents claims.
Discusses necessary criteria for valid consent in tort law, emphasizing free will and no coercion.
Presents a case study on liability due to a breach of consent in medical procedures.
Law of torts
- 1. BHARGAV DANGAR ROLL NO.24 LAW OF TORTS
- 2. ļVolenti non fitinjuria is a defence in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation for an injury suffered during the event.
- 3. ļ For thedefence to be available, it is necessary to show that the plaintiffās consent to the act done by the defendant was free. If the consent of the plaintiff has been obtained by fraud or under compulsion, such consent does not serve as a good defence. Moreover, the act done by the defendant must be the same for which the consent is given.
- 4. Lakshmi Rajan v.Malar Hospital Ltd., The complainant, a married woman, aged 40 years, noticed development of a painful lump in her breast. The lump had no effect on her uterus, but during surgery, her uterus was removed without any justification. The hospital was liable for deficiency service.