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3.6.1 Serious default or wilful act
If an injury or disease resulted from a person's serious default or wilful act, paragraph 32(1)(a) of the MRCA provides that liability will not be accepted except if the injury or disease results in serious and permanent impairment as discussed below at 3.6.4. This exclusion does not apply to claims for the acceptance of liability for death; nor to cadets aged under 16 years of age.
The reasonable satisfaction standard of proof applies when determining whether a person's injury or disease resulted from that person's serious default or wilful act.