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) [2] 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 [3].  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.