Cleghorn v Oldham [1927] 43 TLR 465
Citation:Cleghorn v Oldham [1927] 43 TLR 465
Link to case on WorldLII (reference).
Rule of thumb:What happens if you recklessly swing a golf club & hit someone? This is a negligent act & you are liable in damages for this.
Judgment:
The facts of this case were the swinging of a golf club causing injury – if this is done recklessly then this can lead to an action for damages. The Court held that damages incurred in carrying out sport are recoverable – prior to this turning point it had largely been held that sport was a risky business which people entered completely at their own risk with no prospect of recovery of damages. “Games might be and are the serious business of life to many people. It would be extraordinary to say that people could not recover from injuries sustained in the business of life, whether that was football, or motor racing, or any other of those pursuits which are instinctively classed as games but which everyone knew quite well to be serious business transactions for the persons engaged therein.” Swift J
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