Peter who recently graduated from TAFE got a job at X&Co, a popular builder in Melbourne. On his first day of duty Peter was sent to the construction site of the company and was asked to cut away marble rocks through the help of hammer and chisel.

While Peter was busy cutting marble a crane was lifting and moving rocks above him. A rock fell over Peter and he got seriously injured.

Peter sued X&Co, who in turn, claimed that by accepting the work Peter was voluntary assuming the risk of injury. Which is the most correct answer?

Select one:

a.Peter by accepting the employment at X&Co- a builder, voluntary assumed the risk. X&Co does not need to establish that Peter consented to take on the risk of injury.

b.Peter should have been careful while working and is his fault. X&Co does not need to establish that Peter consented to take on the risk of injury.

c.Even though, Peter may have full knowledge of the risk, it was not enough. X&Co would need to establish that Peter consented to take on the risk of injury occurring due to X&Co's negligence.

d.Peter although took the job never agreed to work under a crane and thus never assumed the risk. X&Co need to establish that Peter consented to take on the risk of injury.