Blake v Galloway

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Citation: Blake v Galloway [2004] EWCA Civ 814.

This information can be found in the supplementary materials to LAWS1052 - Introducing Law & Justice.

Contents

Background facts

  • The plaintiff and defendant were taking a break from music practice and became involved in “high-spirited and good natured horseplay”.
  • The plaintiff threw and struck the defendant with a piece of bark. The defendant, with no intention to cause harm, threw a piece back and struck the plaintiff in the eye, who suffered significant injury.

Legal issues

Judgment

  • By participating the game, the plaintiff “must be taken to have impliedly consented to the risk of a blow on any part of his body, provided that the offending missile was thrown more or less in accordance with the tacit understanding or conventions of the game”.
  • A conclusion was reached that “there is nothing to indicate that the claimant’s consent was restricted to the risk of being struck by objects being thrown at the lower part of his body”.
  • If there are inherent risks in an activity, and one consents to participating in the activity, they are held to have impliedly consented to being exposed to such risks.
  • However as previously stated in Boughey v R (1986) 161 CLR 10 - “hostility or hostile intent may convert what would otherwise be unobjectionable as an ordinary incident of social intercourse, into battery.”

References

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