the d puts forward a defence that the d has consented to run the risk of injury
3 of 7
what cases might this happen in?
the c agreeing to being touched or examined by a doctor/nurse, to be searched by a police constable, or allowing someone to cross your land
4 of 7
what happened in smolden v whiteworth and nolan?
d was refereeing an under 19 rugby mattch, in the course of which c (aged 17) sustained a broken neck after a scrum collapsed. d claimed c consented to the risk of injury.
5 of 7
what was it decided in this case?
the referee owed a duty to the players, although he would not be held liable for oversight or errors of judgements that might easily be made during a competetive and fast moving game. c won
6 of 7
what was it held in vowles v evans and another?
a referee and player have sufficient proximity, it was foreseeable that if the referee did not enforce the rules there would be injury. it was fair, just and reasonable to impose a doc.
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