National Rugby League’s Laws- Law assignment

Internal code-MAS4273

Law assignment

Questions Q1. Question 1 (15 Marks) Benji was a first grade league player of Western Tigers Rugby League Football Club. During a friendly game against the Parramatta Storms Rugby League Club (the “Parramatta Storms”), Benji was tackled by Jack and Bronco, two Parramatta Storm players while carrying the ball forward. He was picked up off the ground and slammed bead first back into the ground by the two players in what is known as a “spear tackle”. As a result of the tackle, Benji was seriously injured and was forced to retire from the game at the peak of his career. Arising from the incident in which Benji was injured, the two Parramatta Storm players were charged by the National Rugby League with having made a dangerous throw in that in “effecting a tackle on Western Tigers’ player Benji, they lifted him to a dangerous position causing him to fall head first to the ground”. A dangerous throw is described under Section 10 of the National Rugby League’s Laws of the Game as “If in any tackle or contact with an opponent, that player is so lifted that he is placed in a position where it is likely that the first part of a player’s body to make contact with the ground will be his head or neck (the dangerous position) then that tackle or contact will be deemed to be a dangerous throw unless with the exercise of reasonable care that the dangerous position could not have been avoided.” Both Jack and Bronco have pleaded guilty to the charges against them. Discuss if Benji can bring a negligence action against anyone; and if there are any legal defences available to them? You must cite and discuss relevant case law principles to support your arguments in your answer.