VOLUNTARY ASSUMPTION OF RISK AS A DEFENCE, EXCLUDING DELICTUAL LIABILITY WITH REGARD TO SPORTS INJURIES Hattingh v Roux 2011 (5) SA 135 (WCC)

نویسندگان

چکیده

In the case of sports injuries which occur in ordinary course practice sport, delictual liability may be excluded as a result voluntary assumption risk, also known consent to risk injury (a ground justification) is embodied well-known maxim volenti non fit iniuria (Hattingh v Roux 2011 5 SA 135 (WCC) 141 hereinafter “Hattingh”; Prinsloo “Liability inSport and Recreation” 1991 TSAR 42–43; Stoffberg Elliott 1923 (CPD) 148–149). There no doubt inherent all participants such players, coaches, referees, supervisors, managers or spectators are at risk. order exclude based on successful reliance justification, requirements for must present. Hattingh, court had decide inter alia whether plaintiff (R) voluntarily assumed injuryinherent participating game rugby. this note, Hattingh discussed with specific reference elements wrongfulness fault, defence Reference made other cases dealing defence.

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ژورنال

عنوان ژورنال: Obiter

سال: 2021

ISSN: ['1682-5853', '2709-555X']

DOI: https://doi.org/10.17159/obiter.v33i2.12169