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


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.


Was there implied consent on the part of W?


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


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).


Decision in favour of defendant; there was implied consent.

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