[1] On 30 July 2005, the under 19A teams of Labori IHigh School ("the Labori team") and Stellenbosch High School ("the Stellenbosch team") played a rugby match against each other at Stellenbosch, Western Cape. Ryand Karel Haltingh ("Ryand") represented the Labori team as hooker, while Alex Roux ("Alex") was the hooker of the Stellenbosch team. Approximately 10 to 15 minutes into the match, a scrum took place in which Ryand seriously injured his neck. This injury, Ryand alleges, was caused by an illegal and highly dangerous manoeuvre executed in the scrum by Alex.

[2] In 2008, Ryand instituted action against Alex (both duly assisted by their respective fathers as natural guardians) for the payment of damages allegedly suffered by Ryand as a consequence of this neck injury. Both Ryand and Alex have now attained majority. 1 should mention that the coach of the Stellenbosch team, as well as the principal of the Stcllenbosch High School and the MFC: Education of the Western Cape Education Department, were initially joined as co-defendants in the action. At the commencement of the trial, I was informed that a settlement had been reached resulting in the withdrawal of the claim against these co-defendants. 1 also, at the request of the parties, made an order in terms of Rule 33 (4), that the merits of the action be determined first and reserving the issue relating to the quantum of damages for later determination, if necessary.