Pojęcie duty of care w deliktowej odpowiedzialności za szkody na osobie w sporcie i rekreacji w Wielkiej Brytanii

Abstract

The article proposes an explanation of duty of care concept – one of the essential condition for establishing tortious liability under the common law system. Personal injury in sports and leisure was taken as the area of research. The article discusses how this legal institution developed, what rules apply to its establishment as well as some distinctive difficulties arising in this respects in the area of sports and leisure due to some inherent risk of personal injury related to them. Duty of care of athletes, participants in physical leisure activities and their organizers was debated. The legislation of England and Wales under which this institution developed was taken as a basis for deliberations. The article concerns important issues, though rarely debated in the Polish legal literature, and constitutes an important piece of knowledge for a legal scholar providing professional insights and prompting both axiological and purely practical deliberations.