Gerard is a 20-year-old football player who suffers a fracture of his cervical spine as a result of a football game. Gerard is of slight build (thin and not very strong), low weight and has a long thin neck. He plays football as a member of Wollongong Football Association (WFA). He alleges that WFA should have taken steps to ensure that players with his physical characteristics are made aware of the risk of injury when playing in the front row. WFA denies any duty of care and claims that Gerard was aware of the risks in a known high-risk sport and that Gerard's team had carried out appropriate exercises during training. However, Gerard is not convinced by the WFA's arguments and wants to sue WFA for compensation.

Advise Gerard whether he has a strong case to win.

Issue:

Your Task: Discuss the elements of, and defences to, the tort of negligence in relation to the facts provided above, apply them to the above scenario, and advise Gerard whether he has an enforceable claim against WFA for his injuries. Your discussion and advice must be substantiated by referring to the common law and statutory law of NSW where relevant.