Discussion
P and Q, unknown to R, sought and got a lift in R's car, but on account of some mechanical defect in the car, of which R was not aware, one of the front wheels of the car got detached and flew away, and the car toppled. P and Q got serious injuries and later on, P died of his injuries. Q and P's next kin sued R for damages for negligent driving. What defence R has ?
Answer: C
R can plead inevitable accident. The detached wheel was caused by a mechanical defect of which R was not aware, so the accident could not have been avoided by any reasonable care. Volenti non fit injuria does not apply because P and Q took the lift without R’s knowledge and did not consent to a risk of this kind. The ground that a free-lift passenger has no claim is not a rule of law, and so “No defence” is also wrong. The lesson of the problem is that the cause of the harm was a latent defect in the car and nothing R did or failed to do.
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