 Clarke v Dunraven (The Satanita)
[1897] AC 59
Quick summary
Clarke and the Lord Dunravan (the Earl of Dunraven) entered yacht race pursuant to Yacht Racing Association rules which provided that if a yacht was damaged as a result of negligence, the negligent party must pay damages. Lord Dunraven’s yacht (the Valkyrie II) was damaged by Clarke's yacht (the Satanita) as a result of the latter's negligence (the collision also killed a crewmember).
Did Dunraven have to pay pursuant to the Yacht Racing Association rules?
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.
|