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A lady died at the time of the birth of her child. She was attended to by an unqualified midwife on her…

Having herself requested and voluntarily engaged the unqualified midwife, the deceased consented to the risk, so volenti non fit injuria bars the husband's claim: "no…

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A lady died at the time of the birth of her child. She was attended to by an unqualified midwife on her own request at the time of the delivery. An action for damages was brought by her husband. In this case:

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Correct answer A

Having herself requested and voluntarily engaged the unqualified midwife, the deceased consented to the risk, so volenti non fit injuria bars the husband's claim: "no damages are payable as the deceased lady voluntarily engaged the midwife".

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