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.
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 Defendant was therefore entitled to exempt its tortious liability.
The warning was a condition excluding liability, NOT a warning within s.2(4)
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Tort Law | Occupier's Liability Notes (27 pages) |