Ghana School Of Law PLC Law Of Torts (GLC) Practice Questions - Ghana School Of Law Professional Law Course Law Of Torts Exam

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In the context of 'volenti non fit injuria', how do Ghanaian and common law courts treat a plaintiff who is injured while acting as a rescuer?

The defense of volenti does not apply to rescuers because their intervention is deemed a moral and legal duty, making their consent non-voluntary Rescuers are automatically barred from recovery because they knowingly and voluntarily ran into danger Rescuers can only recover if they are professional emergency workers, such as police officers or firefighters Volenti applies to rescuers only if the rescue attempt was ultimately unsuccessful in saving lives

Correct Answer:

The defense of volenti does not apply to rescuers because their intervention is deemed a moral and legal duty, making their consent non-voluntary

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