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Blake v Galloway

[2004] EWCA Civ 814

Case summary last updated at 19/01/2020 12:13 by the Oxbridge Notes in-house law team.

Judgement for the case Blake v Galloway

P and D were engaged in horseplay and throwing twigs at each other. D threw a twig that struck P in the eye, injuring him badly. CA said that participants in horseplay owed each other a duty to take reasonable care not to injure each other and this duty would only be breached in cases of recklessness or a very high degree of carelessness. This was not the case here, which was merely a mistake/error of judgement. In taking part in such a “game” or “sport” that involved the risk of physical contact, D would be taken to consent to the risk of injury arising from such contacts as were to be reasonably expected in the course of the game. The stick was not thrown with intent to injure or foresight of such an injury being possible. Therefore D consented to the risk of injury from such an action. 

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