Regan v R.I.A.C.

• Jurisdiction: Ireland
• Judgment Date: 01 January 1990
• Date: 01 January 1990
• Docket Number: [1987 No. 6558P]
• Court: High Court

Regan v. R.I.A.C.

Linda Regan

Plaintiff

and

The Irish Automobile Club Ltd. trading as the Royal Irish Automobile Club, The Irish Motor Racing Club Ltd., The Motor Racing Marshal Club of Ireland Ltd. and The Commissioners of Public Works

Defendants

[1987 No. 6558P]

High Court

Negligence - Defences - Voluntary assumption of risk - Waiver - Contract - Motor race - Flag marshal - Form signed absolving race organisers "from liability arising out of accidents however caused" - Consideration - Personal accident policy effected by race organisers for plaintiff - Racing car veering off track - Contract - Whether embracing negligence - Whether plaintiff's action barred - Whether action revived by alleged fundamental breach.

The plaintiff was employed by the defendants to officiate as a flag marshal at a motor race held in the Phoenix Park, Dublin. Prior to the race she signed a form proffered to her by the defendants' clerical officer in their administration caravan which contained the following clause:—

"I agree to act in an official capacity at this meeting and in consideration of the organising clubs having effected for my benefit a personal accident policy for death or benefits as prescribed more specifically by R.I.A.C. requirements, I agree to absolve all persons having any connection with the promotion and/or organisation and/or conduct of the meeting including the [R.I.A.C.] promoting clubs the owner of the land, entrants and drivers and owners of vehicles from liability arising out of accidents howsoever caused, resulting in damage and/or personal injury to my person and/or property."

The plaintiff was then assigned by the clerical officer to be a flag marshal at the end of the fastest straight on the race track and on the inside of a hairpin bend which did not provide any solid protection, such as a skip filled with sand, for her. She was injured when a racing car went out of control and crashed into her.

In an action for negligence in the High Court the defendants traversed the facts alleged by the plaintiff and pleaded that she had agreed for valuable consideration to absolve them from all liability including negligence and to waive her legal rights as against them. In her reply the plaintiff denied any such contract and pleaded in the alternative that the defendants were in fundamental breach of it and were not entitled to rely upon it so as to defeat her claim. By order of the High Court the issues relating to the contract propounded by the defendants were directed to be tried as a preliminary issue.

Held by Lynch J., in ruling in favour of the defendants, 1, that although "negligence" was not expressly referred to in the form, the expression "from liability arising out of accidents however caused" included any negligence of the defendants.

2. That the plaintiff had agreed for valuable consideration to absolve the defendants from liability in respect of the accident which occurred and had agreed prior to such accident to waive her legal rights as against the defendants in respect of it, and was accordingly barred from maintaining her action against the defendants.

Cases mentioned in this report:—

Clayton Love & Sons (Dublin) Ltd. v. British & Irish Steam Packet Co. Ltd. (1966) 104 I.L.T.R. 157.

O'Hanlon v. Electricity Supply Board [1969] I.R. 75; (1969) 105 I.L.T.R. 25.

Smith v. South Wales Switchgear [1978] 1 W.L.R. 165; [1978] 1 All E.R. 18.

Wilks v. Cheltenham Cycle Club [1971] 1 W.L.R. 668; [1971] 2 All E.R. 369.

Motion on Notice.

The facts and issues have been summarised in the headnote and are fully set out in the judgment of Lynch J., post.

The matter came on for hearing as a preliminary issue before the High Court (Lynch J.) on the 25th and 26th October, 1989.

Cur. adv. vult.

Lynch J.

This action arises out of an unfortunate accident which happened about 4 p.m. on Saturday the 14th September, 1985, in the course of a motor race being lawfully held in the Phoenix Park, Dublin. The plaintiff was officiating at the race as a flag marshal and was injured when a competing motor racing car went out of control, left the track and knocked down the plaintiff causing serious...