Clarke v Dunraven
[1897] AC 59
Facts
P and D entered yacht race pursuant to Yacht Racing Association rules which provided that if a boat was damaged as a result of negligence, the negligent party must pay damages. Dunraven’s boat was damaged by Clarke’s negligence. Did Dunraven have to pay?
Held
By entering the race on the YRA terms the competitors entered into a contract with each other on those terms – consequently Dunraven had to pay.
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