Brewer v Delo: 1967

A golfer had hooked his tee shot so that his ball struck another player playing an adjacent hole some 200 yards ahead.
Held: The action failed on the ground that the consequences were not foreseeable, alternatively the risk was so slight that it could properly be ignored. The duty of the golfer must be based on a reasonable foreseeability of damage. ‘… in the circumstances, a reasonable person would not foresee that the act of driving off would cause damage that, even if damage was foreseeable, the possibility of injury to person on sixth fairway involved risk so small that reasonable man would be justified in disregarding it; that, therefore, defendant was not in breach of his duty to take care and plaintiff’s claim failed.’


Hinchcliffe J


[1967] 1 Lloyd’s Law Reports 488


England and Wales

Cited by:

CitedMarvin John Pearson v Anthony Lightning CA 1-Apr-1998
The parties were golfers playing different holes at the same time. The shot of one hit the other in the eye. The shot was a recovery shot over where he should have known others would be playing. Where a golfer hit a shot which was difficult but . .
Lists of cited by and citing cases may be incomplete.


Updated: 01 December 2022; Ref: scu.184788