In 2020, the Chinese Civil Code came into effect. Article 1176 of the code offers a statutory defense for those participating in “a recreational or sports activity carrying certain risk” when they cause injury to other participants. However, the Chinese Civil Code does not specify how or to what extent Article 1176 may be relied upon as a statutory defense in assessing the tortious liability of the organizers of such recreational or sports activities. The courts in China have long sought to develop a principled approach to applying the voluntary assumption of risk defense to such organizers. This Article provides a case study to examine how Article 1176 operates in the context of motor racing activities, identifying sources of uncertainty surrounding the application of the law. By reviewing how Australian law analyses the duty and liability of event organizers, this Article also identifies the strengths of the Australian approach and how it may inform Chinese law with respect to addressing the problems associated with Article 1176.
Hui Jing, Chen Gengzhao, and Sun Bing,
Tortious Liability in China’s Motorsports Industry,
Ga. J. Int’l & Compar. L.
Available at: https://digitalcommons.law.uga.edu/gjicl/vol51/iss1/3