R v Bradshaw[1878] Cox CC, 83
Citation:R v Bradshaw[1878] Cox CC, 83
Rule of thumb:If you are playing a sport and do a clear & deliberate breach of the rules to hurt an opponent, can you sue them in Court? Yes, if you can prove that it was well out-with the rules of the game and was not accidental then you can sue them.
Judgment:
The basic facts of this case were that a challenge was put during a football match which led to an opposing player dying. The challenge was explained in detail. Third party evidence was led that it was a fairly innocuous challenge, not a red mist moment and it was basically described as something of a freak accident - the player was acquitted of the offence. The principle was laid down however that the football pitch or other sporting arena is not a vacuum from the rule of law, ‘If a man is playing according to the rules and practice of the game and not going beyond it, it may be reasonable to infer that he is not actuated by any malicious motive or intention, and that he is not acting in a manner which he knows will be likely to be productive of death or injury. But, independent of the rules, if the prisoner intended to cause serious hurt to the deceased, if if he knew that in charging as he did, he might produce serious injury and was indifferent and reckless as to whether he would produce serious injury or not, then the act would be unlawful. In either case he would be guilty of a criminal act and you must find him guilty, if you are of a contrary opinion you will acquit him’, Lord Justice Bramwell.
Ratio-decidendi:
"No person can by agreement go out to fight with deadly weapons, doing by agreement what the law savs shall not be done, and thus shelter themselves from the consequences of their acts." -39
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.