Kinesiology 4473A/B Lecture Notes - Lecture 5: Extenuating Circumstances, Punitive Damages, Implied Consent
13 Jan 2020
School
Department
Course
Professor
Document Summary
Relevant facts: bc rugby union (elite) -both players were experienced, colby (plaintiff) suffered harmful hit by schmidt (defendant)- broke colby"s jaw. Schmidt"s argument: hit wasn"t late and that colby assumed the risk by playing rugby. Damages: special/pecuniary: expenses for future restorative jaw surgeries ( 000, general/non-pecuniary: pain, suffering, loss of enjoyment of life (, no punitive damages. Soulodre says: babuik stepped on his face and he screamed -has injuries and cuts on face from cleats, said trann jumped up and hit babuik. Considerations: punching someone in face after whistle blown isn"t covered by implied consent, trann could technically argue it was 3rd party defense. Judges didn"t permit this because of fear of vigilante justice: force of punch was reasonable to deem him liable. Considerations: shave"s actions don"t fall under hockey culture inexcusable, there was harm done to karpow (harm, intent, capacity, volition all checked off)
