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The Violation Of The Duty Of Care

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Brad as well as Dan was playing rugby during the national championship. It has been accepted that participating in sport is an inherently risky business and injuries can occur. It could be assumed from the facts that they might be playing as professionals.

A relation exists between Dan and Brad because the rules set down that each participant in a lawful sporting contest owes every other participant in that contest a duty of care .
Also, it is only possible to take action in court if there is a breach of the duty of care . In order to claim for negligence, the court ought to consider what is reasonable to expect a person to have done or not done in circumstances. When a person is highly trained, the required standard of care will be greater.

The standard of care to establish negligence in the sporting arena was previously said to the reckless disregard of safety test. Brad’s conduct amounted to a reckless disregard for a co-participants safety. The negligent act caused the injury to Dan. Brad should have reasonably foreseen that Dan might suffer personal injury as a result of his negligence . Intention on the part of the person held responsible for the accident does not need to be proven .

There is a two-stage test for deciding whether the rugby club could be held vicariously liable for the tort of Brad . Firstly, there must be an employer-employee relationship between the defendant and tortfeasor . Secondly, there should be connection between the defendant and the
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