James is a rising ice hockey star. He is 19 years old and his future
is looking very bright. He is very excited about being selected to
play,in a representative team and wants to do everything to maximise his
chances of achieving this goal. He knows that to achieve these aims, he
must listen to his coach, the team doctor, and the physio.
James is really impressed at the friendly attitude within the team,
and how Everyone does things together. James’ contract states that he
agrees to a special diet, including vitamins and supplements.
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James doesn’t question it when he is given ‘supplements’ by the
team doctor. Soon after, following a match, James undergoes an
out-of-competition drug test. He is not concerned. After all, he
operates a ‘clean body’ policy and has never taken anything, not
even experimented with recreational drugs at school.
It comes as a great surprise then, when he tests positive to a
prohibited substance. He claims he is innocent and accuses his coach and
the team doctor of negligence. Their only response is that he
voluntarily consented to
taking the (prohibited) substance.
It seems that James’ career as an ice hockey player is over.Advise James what he would have to prove
to establish a claim in negligence and what is the likelihood ofthe
defence of volenti non fit injuria being successfully applied.
The assignment is to take the form of a legal essay, andmust be
completed in 1500 words (+/- 10%). Please remember that referencing is
by way
footnotes using the AGLC3.
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