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Wright v McLean (1956), 7 DLR (2d) 253 (BC SC)

Facts:

A group of children, including M and W got into a mud fight. One of W’s friends threw mud at M. M said "want a fight"? And the kids continued throwing mud at each other. W got hit and started crying. W was injured and sued.

Issue(s):

Was there implied consent on the part of W?

Ratio:

Those engaging in sport imply their consent to the ordinary risks of the sport.

Analysis:

In sport, where there is no malice, anger, or ill-will, combatants consent to take the ordinary risks of the sport. W’s injuries occurred by accident (there was no intention to injure; the judge ignored the possibility of carelessness).

Holding:

Decision in favour of defendant; there was implied consent.


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