A spectator at a car race was injured when a car ran into a fence and sent the posts flying through the air. The Defendants (organisers of the car race) relied on a notice at the gate excluding liability for any damage or injury caused. The CA said the notice was valid and the claimant could not recover damages.
Buckley LJ: If an occupier can refuse someone entry, then they are also entitled to set conditions on the permission of entry, within s.2(1) and D was therefore entitled to exempt its tortious liability. The warning was a condition excluding liability, NOT a warning within s.2(4)