13.6: Sport And The Law Flashcards
1
Q
Sports law defintionL
A
- the laws, regulations and judicial decisions that govern sport and athletes who perform in them.
2
Q
Reasons why sports performers may need assistance from the law:
A
- S: spectators attacking players - fans can be arrested and charged with assault. Many are facing consequences for unacceptable behaviour
- O: opponents being ‘too violent’ -
- C: contractual issues with sponsors - Oakley brought an action against Rory McIlroy when he left them without giving h=them the ‘right right of refusal’ no sign a deal with Nike. Resolved amicably without the need to go to court.
- C: contractual issues with employers - rights greatly improved in 1995 after the Bosman Ruling which gave players in the EU the right to freely move once contract had ended without a transfer fee.
- E: equality issues of opportunities (e.g. racism)
- R: refereeing negligence
3
Q
Negligence definition:
A
- conduct that fails below a ‘reasonable person standard’ and leads to a breach of the duty of care, which results in foreseeable harm to another
4
Q
Example of referee negligence in sport:
A
- Smoldon vs Whitworth and Nolan, a referee was found liable for serious injuries the claimant sustained following a scrum collapsing.
- in this case the referee was at fault as he allowed a number of scrums to collapse during the course of the match he was refereeing.
- fault due to scrum collapsing over 20 times within the game and there has failed in following Rugby Football Board Guidelines in relation to collapsed scrums
5
Q
Duty of care definition:
A
- a legal obligation imposed on someone if they are responsible for a group of people
6
Q
Duty of care applied to coaches defintion:
A
- requires coaches to take such measures are as ‘reasonable’ in the circumstances to ensure individuals will be safe to participate in an activity.
7
Q
In loco parentis defintion:
A
- Latin phrase which means ‘in place of a parent’. It is the authority parents assign to another responsible adult who will be taking care of child
8
Q
How do coaches have a legal responsibility?
A
- health and safety
- protection from abuse
- supplements
- duty of care
9
Q
How do coaches have a legal responsibility - health and safety?
A
- they should have access to first aid facilities and have the means to contact emergency services should thus be required
- coach could be deemed to be liable if evidence shows that normal standards and practices were not followed.
10
Q
How do coaches have a legal responsibility - protection from abuse?
A
- coaches have the responsibility to protect children from all forms of abuse, including emotional abuse and physical abuse.
- all organisations should have a policy statement an guidelines regarding child abuse that coaches should adhere to.
11
Q
How do coaches have a legal responsibility - supplements?
A
- coaches have legal and ethical responsibility to educate their athletes about drug use and abuse and general and appropriate advice on legal nutrition and supplements which can be used to enhance performance.
12
Q
How do coaches have a legal responsibility - duty of care?
A
- coaches should ensure they have:
+ up-to-date contact details, medical details and registers of attendance - maintaining appropriate supervision ratios
- ensuring first aid provision is available at the club
- ensuring individuals regularly involved in coaching children have a current DBS clearance.
13
Q
Examples of sporting acts:
A
- The Football Offences Act (1991) - this created three offences at football grounds to prevent the throwing of missiles, the chanting of racist remarks and trespassing onto the field of play
- Safety of Sports Grounds (1975) - this Act protects all spectators and covers all grounds in all sports
- The Football Spectators Act (1989) - allows banning orders to be put on individuals who have committed offences and the Act prevents them from attending sports events for a certain period of time, both home and abroad
