3.2.4.6 Sport and the Law Flashcards

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1
Q

sports law

A

laws, regulations, judicial decisions that govern sports and athletes who perform in them

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2
Q

legislation

A

law or process of making enacting laws

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3
Q

sports and the law

A

traditionally sport and law kept separate
interacted more recently
e.g. Duncan Ferguson Scotland 1995

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4
Q

7 reasons performers need assistance from the law?

SOCCER

A

S - spectators attacking players
O- opponents being violent
C- contractual issues
C- compensated loss of earnings
E - equality issues (racism) (discrimination/inequality)
R - refereeing and coaching negligence (abuse)
(media)

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5
Q

sport legislation in relation to performer?

A

law involved sport = deliberate act to harm someone
e.g. punch in football/dangerous tackles or biting

violent acts = time of work = loss of income or earnings = injury claim

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6
Q

3 difficulties of athletes claiming for loss of earnings over injury?

A
  1. deliberate & illegal
  2. video evidence
  3. injury = career ending todays medical technology
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7
Q

Bosman Ruling (Jean Marc Bosman)

A

1995
automatic free transfer = leave end contract transfer fee (join another in final 6 months)
RFC Liege - Dunkirk
power to players - employees cant demand transfer fee or block transfer
(before = player license remain with club even after contract ended = unless released)

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8
Q

performer contracts

examples

A

commercial aspects of sport
performers/sponsors contracts=fee for endorsement
breach = case against performer compensation
e.g. Oakley vs Rory Mcllroy (2012)
e.g. Rooney v Proactive sports management LTD

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9
Q

match officials duty

A

duty of care to performers

do everything in power for safe environment = negligent

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10
Q

negligence

A

conduct that falls below reasonable standard

leads to a breach of duty of care = foreseeable harm to another

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11
Q

3 examples of negligence

A
  1. not stopping play for injuries/weather issues
  2. not checking for nails/studs/jewellery/ contriban
  3. check pitch/facilities/equipment
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12
Q

Hillsborough disaster
reasons for…
ways to prevent….
differences today…

A

reasons for disaster:
1. lack signing, wrong allocation of pens
2no counting/direct, limited no. of turnstiles 7 for 10,100
3delayed
4David Duckenfield = no experience in charge

preventing: safer venue/different, less tickets, more officials, signposts
today: seated (specific), more officials

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13
Q

Smolden vs Whitworth and Nolan (1991)

A

Ben Smolden = left paralysed following scrum collapse in rugby
pursued damages from Whitworth and Nolan for negligence
Nolan failed to exercise reasonable cate and skill in preventing scrum collapse
20 scrums in 1 match = official didn’t follow guidance

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14
Q

Rory Mcilory and Oakley

A

breached contract
signed mega deal with Nike
Oakley tried to use “right of first refusal” to match Nike offer = agent ignored offer
Oakley sued Rory and Nike

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15
Q

Maria Sharapova example

A

failed a drugs test
lost major endorsement deals with: Nike, Ted Heuer and Porsche
Nike suspends $100 million deal

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16
Q

sports coaches & their duty of care

4 uses of legislation by sports coaches

A

legal obligation to ensure safety and wellbeing of others athletes

  1. health and safety
  2. drugs and supplements
  3. protection from abuse
  4. duty of care

(warm up before competition & enough rest time)

17
Q

4 ways health and safety coaches duty of care:

A
  1. first aid trained
  2. check equipment = safe to use in training
  3. possess a DBS/other child protection certificate
  4. understand how to contact emergency services
18
Q

2 ways drugs and supplements coaches duty of care:

A
  1. advertise athletes on legal nutritional supplements for performance enhancement
  2. educate athletes on illegal methods of drug taking and directing them to appropriate guidance (risks)

e.g. UKADs 100% me programme

19
Q

e.g. Heider Krieger

A

coach = gave her ‘blue pills’ in addition to vitamins she takes regularly = first doping substance
doesnt know what called (not in original package)
coach said makes her perform well

20
Q

4 protection from abuse coaches duty of care

A

report signs of abuse

  1. neglect
  2. physical
  3. emotional
  4. sexual

e. g. Larry nassar
e. g. Mary Cain and nike

21
Q

duty of care (coaches duty)

6 ways

A
  1. attendance
  2. supervision ratios
  3. first aid training
  4. accurate contact/medical details
  5. DBS checks
  6. risk assessment (safe/effective drills)
22
Q

hooliganism

examples

A

hooliganism = act of vandalism and violence in public

e. g racist chants
e. g. trespassing onto pitch

23
Q

10 measures to overcome/control hooliganism

A
  1. early kick offs
  2. seated areas (family enclosures)
  3. officials/policing/security
  4. early closure pubs (alcohol consumptions) (derby games)
  5. bans/fines/deterrents (tougher) (fine/prison)
  6. CCTV increase = identify
  7. educate through campaigns e.g. say no racism
  8. segregation of fans
  9. positive role models/reward teams and responsible media reporting
  10. pressure gov into creating more laws
24
Q

fire safety and safety of place of sport act 1987

A

spectators safe in sports stadiums
regular checks/safety certificates/ capacity limites/ fire exits
fire security certificate/license needed, stands = fire proof

e.g. Bradford Stadium fire 1985 
56 killed (litter, wooden seats, locked exits)
25
Q

football spectators act 1989

A

banning order put on individuals = committed offences and act prevents them from attending sports events for certain period of time at home and abroad

26
Q

football offences act 1991

A

created 3 offences at football grounds

  1. prevent throwing of missiles
  2. chanting of racist remarks
  3. trespassing onto fields of play
27
Q

occupier’s liability act 1957

A

occupier of land = certain duties with regard to safety of people who come on to land
fundamental law governing spectator safety at sporting events
“occupier”= charge of premises of premises = owes common duty of care to visitor = (invited/permitted)

28
Q

safety of sports grounds act 1975

A

act to protect safety of spectators when attending sports ground in UK (confirms if grounds are safe)

29
Q

sports events act (control of alcohol) 1985

A

control license and ultimately consumption of alcohol
ban possession of alcohol at match/journey to match
bans possession of alcohol at football match

30
Q

Bosman ruling

A

ruling by the European court of justice
gave a professional footballer right to a free transfer
at the end of their contract

31
Q

restraint of trade

A

action that interferes with free competition in market

involves a clause in contract which restricts persons right to carry out their profession

32
Q

damages

A

monetary compensation awarded by court
civil action to individual
proven they injured through wrongful conduct of another party

33
Q

in loco parentis

A

latin phrase
in the place of a parent
authority parents assign to another responsible adult who will be taking care of their child (sports coach)

34
Q

2 aims of spectators legislation

A
  1. control hooliganism

2. keep spectators safe

35
Q

6 spectator legislation

A
  1. Occupiers liability act (1957)
  2. Safety of sports grounds acts (1975)
  3. sporting events act/control of alcohol (1985)
  4. Fire safety and safety of place of sport act (1987)
  5. football spectators act (1989)
  6. football offences act (1991)