Tuesday, August 4, 2009

Giumelli v Johnston 1991) Aust Torts

ESSENCE:
- reasonable consent in sport


Australian rule footie allows strong body contact in the game. Thus, players have consented to the contacts by participating in the game. It is also agreed that some reactions that are not in the footie game rules are also accepted. Consent extends to the application of force within the rule of game and to some commonly infringement of the rule of games. Consent however does not extend to the violence applied in contradiction to the rules of the game by an opposing player who intends to cause injury and who knows that such harm would be highly likely result.

D's action was outsoide the common infringement. So no consent to that.

1 comment:

  1. King CJ at [4] "Although a player's consent to the application of force to him in the course of the game extends not only to the application of force within the rules of the game but also to certain commonly encountered infringements of the rules, such as those instanced by the respondent, such consent cannot be taken to include physical violence applied in contravention of the rules of the game by an opposing player who intends to cause bodily harm or knows, or ought to know, that such harm is the likely result of his actions."

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