Case Number

CA 4493/05

Date Decided

3-7-2007

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: The first respondent agreed to sponsor the first appellant to represent it in a motorbike race in Egypt. In the race the first appellant was seriously injured. There was no statutory duty to take out personal accident insurance for the first appellant, and no such insurance had been taken out. The main issue in the appeal was whether the first respondent had been negligent in not taking out insurance for the first appellant or at least in not ascertaining that the first appellant had taken out insurance for himself.

Held: In general, where there is no statutory duty to take out insurance, one party to a joint venture will not be required by the tort of negligence to take out insurance for the other, unless there is a special relationship between them or a reliance of one party on the other. In this case there was no such special relationship or reliance.

Keywords

Torts -- Breach of statutory duty, Torts -- Negligence

Download

Included in

Torts Commons

Share

COinS