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If the ban stays upheld my phone and the wall will meet. 

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David Zita

@DavidZita1

·

3m

Woods (AFL): He needed to take care, he failed to take reasonable care and he injured another player and that was appropriately found to be careless.
 

There was no definitive injury was there?

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Just now, dazzledavey36 said:

He won't get off.

This Woods guy is too much of a defence of duty of care for the player.

 

Except nowhere in the law does it say that you have a duty of care when going to contest the ball. 
Where is that specific law? 

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Just now, Jaded No More said:

Except nowhere in the law does it say that you have a duty of care when going to contest the ball. 
Where is that specific law? 

Exactly. This [censored] used the words 'the rules explicitly require a duty of care'. Oh really. Which exact rules are these?

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12 minutes ago, Diamond_Jim said:

 

Andrew Woods (AFL): If the AFL's proposition isn't accepted, the result is that players essentially have a blank cheque. They've got no obligation to take reasonable care of their fellow players, so long as their sole objective is a lawful action.

 

Even if that is accepted, that only goes to them having a duty of care. Whether or not they breach that duty of care (i.e. fail to exercise reasonable care / act carelessly) then comes down to the reasonable person test. I would have thought the reasonable person test used by the Tribunal and its application to the fact can still be attacked.

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Just now, Nicko said:

Please note I am aware Charlie Ballard will play this week. I am merely a messenger.”

what the???

 

That’s the dude doing the live reporting from the hearing. Not the actual lawyers. 

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1 minute ago, Jaded No More said:

That’s the dude doing the live reporting from the hearing. Not the actual lawyers. 

Gotcha….thanks 

 

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8 minutes ago, Scoop Junior said:

Even if that is accepted, that only goes to them having a duty of care. Whether or not they breach that duty of care (i.e. fail to exercise reasonable care / act carelessly) then comes down to the reasonable person test. I would have thought the reasonable person test used by the Tribunal and its application to the fact can still be attacked.

the standard of care would be quite high in the area of possible concussion so I'm not sure it helps

The framing of the charge on grounds similar to a tortious complaint is perhaps a dangerous misconception in the area of a disciplinary tribunal.

I see Houghton just made the same point...

Houghton (Melbourne): This attempt to impose a regime of health and safety upon players when construing a rule like 18.5 is quite wrong. 

Edited by Diamond_Jim
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