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.
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 tit 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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