The plaintiff was a spectator at a motorcycle scramble race, and was injured.
Held: Edmund Davies LJ said: ‘although in the very nature of things the competitor is all out to win and that is exactly what the spectators expect of him, it is in my judgment still incumbent upon him to exercise such degree of care as may reasonably be expected in all the circumstances. For my part, therefore, I would hold him liable only for damages caused by errors of judgment or lapse of skill going beyond such as, in the stress of circumstances, may reasonably be regarded as excusable.’
Judges:
Lord Denning MR, Edmund Davies LJ
Citations:
[1971] 1 WLR 668
Jurisdiction:
England and Wales
Cited by:
Cited – Caldwell v Maguire and Fitzgerald CA 27-Jun-2001
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) . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 05 August 2022; Ref: scu.198437
