Meagher JA

Physical activity

His Honour is not a sportsman, evidently:

“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. …”

*
Citation: Trevali Pty Ltd v Hadad (1989) Aust Torts Rep 80-286
Source: see attachment
Syndicate content