{"id":115,"date":"2004-06-29T21:57:16","date_gmt":"2004-06-29T21:57:16","guid":{"rendered":""},"modified":"2004-06-29T21:57:16","modified_gmt":"2004-06-29T21:57:16","slug":"blake-v-galloway-2004-ca","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=115","title":{"rendered":"Blake v Galloway [2004] CA"},"content":{"rendered":"<p><strong>[Negligence &#8211; duty of care \u2013 horseplay \u2013 duty only breached by recklessness or high degree of carelessness] <br \/><\/strong>D threw a piece of wood bark at C hitting him in the eye causing serious injury. They were throwing bark and twigs at each other&nbsp;during their&nbsp;lunch break. C and D were members of a jazz quintet (all about 15 years of age). D relied on C&#8217;s consent and <em>volenti non fit injuri<\/em>a as&nbsp;defences (to battery and negligence). <\/p>\n<p><strong>Held<\/strong>: Only recklessness or a very high degree of carelessness is sufficient to breach the duty of care owed during horseplay. There is a close analogy between organised sport and horseplay. The absence of formal rules in horseplay is not sufficient distinction, both are consensual, involve physical contact, decision are made quickly or instinctively. C had consented to the risk. <\/p>\n<p><strong>C lost<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>[Negligence &#8211; duty of care \u2013 horseplay \u2013 duty only breached by recklessness or high degree of carelessness] D threw a piece of wood bark at C hitting him in the eye causing serious injury. They were throwing bark and twigs at each other&nbsp;during their&nbsp;lunch break. C and D were members of a jazz quintet [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-115","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/115","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=115"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/115\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=115"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=115"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}