Mrs Jenkins was a passenger in the car of Mr. Harry, who was driving in a very erratic manner under the influence of alcohol. During the journey, Mrs. Jenkins once had the opportunity to leave the car after becoming aware of Mr. Harry’s condition, when he stopped the car at certain place for half an hour. However, Mrs. Jenkins chose to remain in the car. The car met in an accident soon after, due to negligence of part of the driver Mr. Harry. Mr. Harry died as a result of injury to brain during the accident. Mrs. Jenkins suffered personal injuries and remained in trauma for quite some time. On recovering from her injuries, Mrs. Jenkins brought an action against Mr. Harry’s widow, who was representing his estate, for damages caused to her during the accident, due to the negligence of Mr. Harry. Mrs. Harry, during the course of proceedings, raised the question of Volenti non fit injuria, meaning that Mrs. Jenkins herself had invited injuries by remaining in the car, even after being aware of Mr. Harry’s drunkenness, so she contributed to her own injury and thus not fit enough to claim any damages. Required Critically examine the given case on the basis of principle of contributory neglignce and Volentif not fit Injuria Principle - One who causes injury to himself is not fit enough to claim any damages). Give your arguments in favour of and against the claim of Mrs. Jenkins and arrive at a reasoned judgment duly supported by the case laws.
Mrs Jenkins was a passenger in the car of Mr. Harry, who was driving in a very erratic manner under the
influence of alcohol. During the journey, Mrs. Jenkins once had the opportunity to leave the car after
becoming aware of Mr. Harry’s condition, when he stopped the car at certain place for half an hour.
However, Mrs. Jenkins chose to remain in the car. The car met in an accident soon after, due to negligence
of part of the driver Mr. Harry. Mr. Harry died as a result of injury to brain during the accident.
Mrs. Jenkins suffered personal injuries and remained in trauma for quite some time.
On recovering from her injuries, Mrs. Jenkins brought an action against Mr. Harry’s widow, who was
representing his estate, for damages caused to her during the accident, due to the negligence of Mr. Harry.
Mrs. Harry, during the course of proceedings, raised the question of Volenti non fit injuria, meaning that
Mrs. Jenkins herself had invited injuries by remaining in the car, even after being aware of Mr. Harry’s
drunkenness, so she contributed to her own injury and thus not fit enough to claim any damages.
Required
Critically examine the given case on the basis of principle of contributory neglignce and Volentif not fit
Injuria Principle - One who causes injury to himself is not fit enough to claim any damages).
Give your arguments in favour of and against the claim of Mrs. Jenkins and arrive at a reasoned judgment
duly supported by the case laws.
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