The Blatch v Archer principle that evidence is to be weighed according to the proof which it was in the power of one side to produce applies at least equally, and may operate more strongly, where the absence of reliable evidence arises from deliberate lies told by a party rather than mere failure to lead evidence. An occupier who hires out premises for inherently dangerous sporting activities does not discharge its duty of care merely by relying on the hirer to implement safety measures; contractual arrangements imposing enforceable obligations on the hirer are required. The majority held that the trial judge's damages assessment was within an appropriate discretionary range notwithstanding the absence of express reasons for the specific quantum, where the reasoning process was clear from the detailed treatment of the evidence.
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