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''Harrison v. Vincent''
982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tar ...
RTR 8 is an English Court of Appeal judgment dealing with the liability
negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
of participants in sporting competitions towards other participants. It is notable in that it extended the test of "reckless disregard" for the other's safety which was earlier applied to establish a breach of duty in cases of injury to spectatorsSee '' Wooldridge v. Sumner''
963 Year 963 ( CMLXIII) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 15 – Emperor Romanos II dies at age 25, probably of poison admini ...
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to cases where other participants had been injured.


Facts

A sidecar passenger sued the motorcycle rider for injuries sustained during a race when the rider was unable to stop because he missed his gear, and his brakes failed.swarb.co.uk:Harrison -v- Vincent; 1982
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Judgment

The defendant had the duty to check the brakes before the race. Unlike his failure to hit the gear during the "flurry and excitement" of the race, the brakes should have been tested in the relative calm of the workshop before the race. For acts done in the excitement of the competition the participant will only be liable to others if she demonstrates reckless disregard for their safety, or acts maliciously. However, the standard applicable to the preparation of equipment for the sport is the normal standard, with exercise of reasonable care and skill.


See also

*
Negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
*
English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requ ...
*
Duty of care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establi ...
*
Breach of duty in English law In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the ...
* '' Wooldridge v Sumner'' {{English law types English tort case law Sports law Court of Appeal (England and Wales) cases 1982 in British sport 1982 in United Kingdom case law