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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...

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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.

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 of the 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 of footnotes using the AGLC3

Answered Same Day Dec 29, 2021

Solution

David answered on Dec 29 2021
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Case analysis
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Table of Contents

Introduction ................................................................................................................................ 3
Negligence ................................................................................................................................. 3
Elements of negligence .............................................................................................................. 4
Volenti non fit injuria ................................................................................................................. 5
Voluntary ................................................................................................................................ 6
Agreement .............................................................................................................................. 7
Contributory negligence......................................................................................................... 7
Conclusion ................................................................................................................................. 8
Bibliography .............................................................................................................................. 9
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Introduction
There is no concrete definition available for legal scenarios in the market; different
interpretations can be made from a single given scenario. Therefore, it is important to analyze
given perspective from different viewpoints so the justice can be given to all.
The given scenario discusses about James position; who is a rising star in the field of Hockey,
he aims high and for this reason he listen to each and every step that is being suggested to
him by team doctor, physiotherapist and the coach. According to the contract signed by he
agrees to a special diet, including vitamins and supplements and he has always done do. In a
ecent out-of-competition drug test, it was found that James tests positive to a prohibited
substance. On this incident, James claimed action against doctors and coach as he did what
they told him to do but they claim that he voluntary consented to prohibited substances.
This paper aims at analyzing James position; it will include detailed analysis on different
laws on the basis of which position of James in the given case can be evaluated in detail. It
will include information on negligence, its elements, and its applicability in the given case.
Negligence
The given scenario is a case of negligence, which is a concept from tort law. Negligence is a
scenario when harm to one party has been caused due to the negligence to abide by the duty
of care from another party, which a normal person is suppose to do in a given scenario
1
. It is
legal clause which arises duty to failure in delivering appropriate duty of care by one part or
another, which could have helped in avoiding or holding the problem which took place in the
case. In simple terms this concepts deal with the fulfilment of reasonable care.

1
A
ott, K., Pendlebury, N. & Wardman, K., 2007. Business Law. Sydney: Cengage Learning EMEA.
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Negligence can be of various types, it can be criminal negligence, which means when a
person intentionally does an act of negligence for the purpose of harming the person involve.
For example, putting water on the floor intentionally and letting person come throw this way,...
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