Torts Problem Assignment IntroductionThrough a physical incident arising during a professional soccer match, Marc sustained loss and damage through his knee injury to which an action of battery may lie against David.
BatteryBattery is a direct action in trespass which is either intentional or negligent, and is actionable per se without proof of damage.
A direct act is evident through the physical contact between David and Marc. Intention may be present even where the defendant acts impulsively or on the spur of the moment during the course of a soccer match . Consequently Davids' act in reaction to Marcs' provocation clearly demonstrates an intentional interference with Marcs' body in hostility .
The remaining issue centres on whether David has a viable defence through the consent expressed by Marc to possible injury when he participated in the game.
Consent and voluntary assumption of risk as defence?Consent, in the form of willingness on the part of the plaintiff to run the risk of injury from a particular source of danger is termed a voluntary assumption of risk.
Forcible bodily contact is expected in such a game of soccer, and there needs to be consideration of intentional acts such as the head-butting and pushing as accompanying ordinary play . It has also been found that the consent which a participant gives to the application of physical force also extends to force involving some infringement of the rules .
Nonetheless the head-butting of Marc by David is seen as an infringement of the rules 'completely outside the scope of any consent implied from participation' in the game. The defendant deliberately struck the plaintiff during the game outside the rules, and this can be held to be a trespass . Furthermore it was found in Giumelli v Johnston that consent cannot be taken to...