Complex rules and inconsistent interpretation: Duty of care and causation in collision sports

Abstract

In some sports, especially collision games such as rugby, well-intentioned rules, crafted to make the game safer, are being enforced as absolute liability offences. This article argues that an absence of fault stance should be adopted, to allow breaches of some safety rules to be adjudged as strict liability rather than absolute liability offences. If absolute liability is pursued regardless of fault, the coherence and welfare objectives of those safety rules are compromised. Indeed, the long-term viability of collision sports may become questionable.