James is a rising ice hockey star. He is 19 years old and his future is
looking very bright. He is very excited about being selected to play in a
representative team and wants to do everything to maximise his chances of
achieving this goal. He knows that to achieve these aims, he must listen to his
coach, the team doctor, and the physio.

James is really impressed at the friendly attitude within the team, and how
everyone does things together. James’ contract states that he agrees to a
special diet, including vitamins and supplements.

James doesn’t question it when he is given ‘supplements’ by the team doctor.
Soon after, following a match, James undergoes an out-of-competition drug test.
He is not concerned. After all, he operates a ‘clean body’ policy and has never
taken anything, not even experimented with recreational drugs at school.

It comes as a great surprise then, when he tests positive to a prohibited
substance. He claims he is innocent and accuses his coach and the team doctor of
negligence. Their only response is that he voluntarily consented to taking the
(prohibited) substance.

It seems that James’ career as an ice hockey
player is over.

Advise James what he would have to prove to establish a claim in negligence
and what is the likelihood of the defence of volenti non fit injuria
being successfully applied.

The assignment
is to take the form of a legal essay, andmust be completed in 1500 words (+/-
10%). Please remember that referencing is by way of footnotes using the AGLC3