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White v Blackmore [1972] 2 QB 651

Country:
United Kingdom
  • A spectator at a car race was injured when a car ran into a fence and sent the posts flying through the air. The Defendants (organisers of the car race) relied on a notice at the gate excluding liability for any damage or injury caused.

  • The CA said the notice was valid and the claimant could not recover damages. 

Buckley LJ

  • If an occupier can refuse someone entry, then they are also entitled to set conditions on the permission of entry, within s.2(1) and Defendant was therefore entitled to exempt its tortious liability.

  • The warning was a condition excluding liability, NOT a warning within s.2(4)

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