The Civil Liability Act 2002and Goode v Angland Case Study - Law Assignment Help

Assignment Task

In Goode v Angland [2017] NSWCA 311 the New South Wales Court of Appeal held that a professional jockey who was injured during a race because of the careless riding of another jockey was not entitled to compensation. The Court found that section 5L of the Civil Liability Act 2002 (NSW), which provides a defence where an injury is sustained because of the materialisation of an obvious risk of a “dangerous recreational activity”, applies to professional sporting pursuits such as horseracing. The Civil Liability Act 2002 (NSW) was introduced because “the scope of liability in negligence has broadened to such an extent that it has fallen out of step with community expectations about the appropriate balance between protection of the injured and personal responsibility”(Hon. Robert Debus MP, Attorney-General of New South Wales, 2002). To what extent does the decision in Goode v Angland reflect an appropriate balance between the principles of personal responsibility and corrective justice? Consider any possible counter-arguments to your conclusions.

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