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1. Newly enters a karate competition. He, along with the other competitors, signs an agreement with the competition authorities indicating his consent to bodily injury that might occur during the course of the competition. During his fighting session wi
Member rating: No Rating | Words: 2070 | Submitted: Tue Feb 05 2008
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1. "Some forms of bodily contact carry with them such a risk of injury and such a distinct probability of serious harm as to beyond what, in fact, the players commonly consent to, or what in law, they are capable of consenting to"1. In our case, participants signed indicating their consent to bodily injury, which might occur in the course of the competition. This constitutes a defence for a participant who injures another one while they were fighting. The same happened with Newly and Tiny, when Newly's punch resulted in the damage of Tiny's eye. It is therefore necessary to examine whether Tiny's consent is valid or not. Similarly to R v. Howard2, where the court held that a girl's understanding and knowledge was such that she was not in a position to decide whether to consent or to resist since she was less than 16 years old, Tiny's consent appears to...
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