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15 Bee injured her eye after failing to close a safety gate on a machine as instructed. She was
also not wearing mandatory safety goggles as required by her contract of employment.
Which of the following is this an example of?
A Novus actus interveniens
B Volenti non fit injuria
C Res ipsa loquitur
D Contributory negligenceAns-B
Good day sir,I was wondering why this is a case of Volenti non fit injuria and not Contributory negligence since bee failed to put on the googles as instructed.I’ll appreciate if you can explain better.Ooooooo! You DO ask tricky questions. I have to say that, if you hadn’t told me that it was volenti, I think I would have opted for contributory negligence!
I can see ‘volenti’ where a worker is apprised of the risks involved in a task and then voluntarily accepts those risks and undertakes the work
Contributory negligence is where, by their actions, a worker suffers damage caused as a result of those actions in conflict with their contract of employment
My inclination is still towards contributory negligence and NOT towards volenti
Ooooooo! What a problem!
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