References: [1982] RTR 8
Coram: Sir John Arnold
Ratio: A sidecar passenger sued the motorcycle driver for injuries sustained during a race when he was unable to stop because he missed his gear and his brakes failed at the same time.
Held: The court approved the Wooldridge approach as the applicable standard so far as the claim was based on the rider missing his gear, but said the same did not apply to the brake failure because the fault had occurred before the race in the relative calm of the workshop.
Jurisdiction: England and Wales
This case cites:
- Approved – Wooldridge v Sumner CA ([1963] 2 QB 43)
A spectator was injured at a horse show.
Held: The court considered the defence of volenti non fit injuria: ‘The maxim in English law presupposes a tortious act by the defendant. The consent that is relevant is not consent to the risk of . .
(This list may be incomplete)
This case is cited by:
- Cited – Caldwell v Maguire and Fitzgerald CA ([2001] EWCA Civ 1054)
The claimant, a professional jockey, had been injured when he was unseated as a result of manoeuvres by two fellow jockeys. At trial the judge identified five principles: ‘[1] Each contestant in a lawful sporting contest (and in particular a race) . .
(This list may be incomplete)
Last Update: 20 February 2017
Ref: 198438
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