Many of us make resolutions in the New Year for losing weight or doing more exercise. Judging from his comments in Trevali Pty Ltd (t/as Campbelltown Roller Rink) v Haddad (1989) Aust Torts Reports ¶80-286 this is not something that has ever troubled Meagher JA:
“Whilst all reasonable people know that any form of physical activity is both unpleasant and dangerous, and probably unhealthy as well; and whilst sport, which is communal physical activity, suffers the added feature of exposing its participants to the perils of tribal barbarism; nonetheless the law has never regarded the playing of sport as contrary to public policy or even unreasonable, and therefore the mere participation in sport cannot of itself constitute contributory negligence.”
Creative commons attribution for the photograph. Thanks also go to Thomas Russell for pointing this gem out to me.
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