Asked by Bridget Parks on Jul 26, 2024
Verified
Joe was drunk and driving his car. When he saw Sam on the side of the road hitch-hiking, he opened the door and offered Sam a lift. Sam got in despite the fact that he could smell alcohol on Joe's breath. Subsequently, Joe was in as accident, in which Sam was injured. Sam has sued Joe for negligence. Indicate what likely defence Joe would use in these circumstances and whether it would be successful.
Drunk Driving
The criminal act of operating a vehicle while impaired by alcohol or other drugs, beyond the legal limit.
Negligence
The failure to exercise reasonable care to avoid causing injury or loss to another person, resulting in liability for any damages caused.
Likely Defence
A plausible argument or strategy used in legal proceedings to refute claims or charges against a defendant.
- Grasp the concept of voluntary assumption of risk and defenses in negligence.
Verified Answer
MF
Michaela FarrellJul 29, 2024
Final Answer :
Joe would use voluntary assumption of risk but would not likely be successful because in these circumstances Sam assumed the physical risk but not the legal risk. There is no indication by Sam in these circumstances that when he got into the car he was absolving Joe of legal responsibility for any injury that might result.
Learning Objectives
- Grasp the concept of voluntary assumption of risk and defenses in negligence.