TDF Stage 9 ***SPOILER***

RichN95.

French TV will be praying that Voeckler wins - it'll help deflect a bit of attention.

Le Commentateur

4:42 with 8km to go!

I reckon Sanchez will take the stage. He's doing far less work than the other two.

forehead

The driver should have the book thrown at him. That, or a car.

Garry H

emadden wrote:

AlunP wrote:

Volenti doesn't cover that sort of thing. If I am playing footie I don't consent to somebody recklessly going over the top and breaking my leg. Brad has no claim (volenti applies here I reckon)

Volenti would protect the organiser, but you can still go after the perpetrator. In this case ASO is protected, so you would have to go after the driver and/or France 2,3,4 ...

Volenti won't apply if you can prove negligence. Organiser, or France TV at least, may be vicariously liable, In English law anyway, but seeing as this is France...

mroli

volenti v hard to prove though? Also, ASO's t&c's are a commercial contract with the riders no? So under English law they'd struggle? Consent has to be freely given and here it could be argued that it is a condition of riding in le tour and therefore not freely given - is given under duress?

Anyway - by the by - have no idea what the position is under French law...

stokepa31

Voeckler really loves to flick his tongue about. bet he's popular with the ladies

blazing_saddles

At least the rest day should be very interesting. I expect some very interesting statements and rebuttals.

fungus_the_muffin_man

Garry H wrote:

emadden wrote:

AlunP wrote:

Volenti doesn't cover that sort of thing. If I am playing footie I don't consent to somebody recklessly going over the top and breaking my leg. Brad has no claim (volenti applies here I reckon)

Volenti would protect the organiser, but you can still go after the perpetrator. In this case ASO is protected, so you would have to go after the driver and/or France 2,3,4 ...

Volenti won't apply if you can prove negligence. Organiser, or France TV at least, may be vicariously liable, In English law anyway, but seeing as this is France...

If the french police are like the english version they'll just say it was an accident and they can see the drivers point of view in hitting you and therefore won't be taking it any further.

Can you tell I'm still bitter over my accident with a car lol

calvjones

Amazingly passive ride by Leeopahhrd given they have 2 of the 4 favourites.

emadden

mroli wrote:

volenti v hard to prove though? Also, ASO's t&c's are a commercial contract with the riders no? So under English law they'd struggle? Consent has to be freely given and here it could be argued that it is a condition of riding in le tour and therefore not freely given - is given under duress?

Anyway - by the by - have no idea what the position is under French law...

Principles are set out in Condon v Basi [1985] 1 WLR 866 under English law - which generally extended the volenti defence to sporting events. Liability is excluded for events in the normal course. The organisers would argue that cars are part of the sport (which would be hard to deny). There is also ample evidence of collisions over the years which would be used to prove that such eventualities are in the contemplation of riders etc etc.. The T&Cs are commercial, yes, but what I meant to point out is that an exclusion from liability for death or personal injury applies to commercial contracts for the sale of goods and services.

You are correct that volenti is difficult is prove, but if it can be established it knocks out the case.

What you would have to do is sue the driver and driver's employer for negligence/trespass and try to join in ASO as a contributor... But it would be hard. On the other hand, a criminal complaint could be made and leave the coppers go after the driver for reckless driving (using the equivalent in France).

French law on these areas is very similar, but as it is code based there is less precedent and to be honest, the area of law would be more uncertain and more in the hands of the judge once the application of the relevant code provision is established

Crap... turned the thread into a law discussion.

calvjones

Chapeau Tom.

mroli

@emadden - we'd be wow at parties - cycling lawyers eh?!

LL Sanchez was inevitable, but well done Tommy V - a good, hard won yellow.

fungus_the_muffin_man

Bollocks I knew I shouldn't have took him out of my fantasy team last night

Le Commentateur

Nice switch into Contador from Martin.

calvjones

Bertie doesn't look like a man to win the Tour,


Velits however...

afx237vi

calvjones wrote:

Bertie doesn't look like a man to win the Tour,


Velits however...

Still could be anyone, really. I was still thinking Bert would do it, but the last two days are beginning to make me think otherwise.

emadden

mroli wrote:

@emadden - we'd be wow at parties - cycling lawyers eh?!

LL Sanchez was inevitable, but well done Tommy V - a good, hard won yellow.

Especially if you take the books out after a few drinks haha

emadden

calvjones wrote:

Bertie doesn't look like a man to win the Tour,


Velits however...

Dont worry...tomorrow is a rest day... might be a BBQ going on

afx237vi

LOL, Hoogerland gets the combativity award... gee, thanks.

blazing_saddles

Joint combativity to Flecha and Hoogie.

Contador really struggled to hold the gap.
At least we get to wheel out the "Karpets Floors Contador" line.

fungus_the_muffin_man

I think there's a good chance he could be fighting in a minute when he finds that driver. So it'll be well deserved.

milton50

afx237vi wrote:

calvjones wrote:

Bertie doesn't look like a man to win the Tour,


Velits however...

Still could be anyone, really. I was still thinking Bert would do it, but the last two days are beginning to make me think otherwise.

I'm starting to think exactly the same thing. In fact is anyone else starting to think that Contador is going to end up more than 1'30" down on Andy? He just seems so lacklustre to me compared to '09 and '10. Maybe the long drawn out climbs of the mountains will suit him better.

You'd probably say that Evans looks like the GC contender with the best form but he always seems to flatter to decieve in the Tour. So it really is still pretty open. A long way to go.

timoid.

Milton50 wrote:

afx237vi wrote:

calvjones wrote:

Bertie doesn't look like a man to win the Tour,


Velits however...

Still could be anyone, really. I was still thinking Bert would do it, but the last two days are beginning to make me think otherwise.

I'm starting to think exactly the same thing. In fact is anyone else starting to think that Contador is going to end up more than 1'30" down on Andy? He just seems so lacklustre to me compared to '09 and '10. Maybe the long drawn out climbs of the mountains will suit him better.

You'd probably say that Evans looks like the GC contender with the best form but he always seems to flatter to decieve in the Tour. So it really is still pretty open. A long way to go.

I think Bertie will tuck into a rare Spanish steak and be fine when the race hits the mountains.

Doobz

Cant wait to see what bertie has to say about his crash today.

seven7faces

Karpets? what's all that about? Did he do a Renshaw on Contador?

Doobz

More like a bit of what Theo Bos did to Impey with less spectacular results

jones1328

video of the incident

http://www.flickr.com/photos/francetvsp ... hotostream

timoid.

Loving Gilbert's confidence in the interview. "I would have won the stage, I was so strong". No mealy mouthing.

Also spot on about the crashes. Its only that we see it more now. There have always been crashes in the Tour. Always will be (of course getting hit by a TV car is a bit unusual).

richk

At the rate it's going the tour is going to be won by the last man standing.

jp1985

Hoogerland pic

http://static.vg.no/uploaded/image/bilderigg/2011/07/10/1310312941948_900.jpg