Emmett v Manning (1985)

Exclusion Clauses

In this case, car rally organisers were found liable for failing to place a warning sign to stop participants from accidentally travelling up a particular track that branched from the actual rally route. A participant did accidentally take the track and ended up travelling the wrong way up the main route.

The participant sued the course planner and the club, who attempted to use an exclusion clause in the event documentation as a defence.

The court, however, found the club liable for damages.

What came out of this case is that exclusion clauses are not always successful. If an organisation does provide an exclusion clause, it must be carefully written for it to be effective.

The courts do not look very favourably on exclusion clauses, because they affect a person’s fundamental right to take legal action.

As a result, any ambiguity in its terms will be resolved in favour of the injured athlete.’ It will often be read narrowly so that it does not have much effect.

 

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