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CONTRACT LAW

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › CONTRACT LAW

  • This topic has 1 reply, 2 voices, and was last updated 3 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
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    Posts
  • June 23, 2022 at 12:58 pm #659213
    Eunice03
    Participant
    • Topics: 88
    • Replies: 70
    • ☆☆

    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 negligence

    Ans-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.

    June 23, 2022 at 9:11 pm #659231
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    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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