Case Name:
Hattingh v Roux NO and Others 2011 (5) SA 135 (WCC)

Area of Law:
Delict: Defence of Consent

Facts:
During the course of a rugby match between the respective schools of the parties, a scrum took place in which the Plaintiff seriously injured his neck, allegedly as a result of an illegal and dangerous manoeuvre called the “jackknife” executed by the Defendant.

Importance/ Significance:
In a claim for damages, the court held that the fault and unlawfulness of the Defendant’s conduct had to be established with reference to reasonableness, same to be determined with regard to the rules and conventions of the sport, the standards of care and skill to be expected of a participant and the circumstances of the incident.

If the injuries result from actions which have been known reasonably to occur in a rugby match, they will be regarded as lawful. However, if the injuries result from serious transgressions which are not normally associated with the game, the injuries will be regarded as unlawful.

The Court held that the Defendant’s conduct was not the normal type of risk that a participant in a scrum would have consented to, and the Plaintiff accordingly did not consent to the risk of being injured in such a manner.

The Defendant was therefore liable to the Plaintiff for damages.

WEBSITE DISCLAIMER: Save for the contents of this disclaimer, the content of this website is provided for general information purposes only and should not be construed as, and does not constitute, legal or other professional advice. To the extent that you wish to place reliance upon any information contained on this website, you do so totally at your own risk and we accept no responsibility for any loss or damage whatsoever, howsoever arising. In addition, the hyperlinks provided on this website are provided for convenience only. We make no representations or warranties whatsoever in respect of the accuracy, completeness and/or reliability of any information, opinions, data and/or content provided on such linked website, nor do we endorse or take any responsibility for the content of any such linked website.