3.2.4.6 Sport and the Law Flashcards
sports law
laws, regulations, judicial decisions that govern sports and athletes who perform in them
legislation
law or process of making enacting laws
sports and the law
traditionally sport and law kept separate
interacted more recently
e.g. Duncan Ferguson Scotland 1995
7 reasons performers need assistance from the law?
SOCCER
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)
sport legislation in relation to performer?
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
3 difficulties of athletes claiming for loss of earnings over injury?
- deliberate & illegal
- video evidence
- injury = career ending todays medical technology
Bosman Ruling (Jean Marc Bosman)
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)
performer contracts
examples
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
match officials duty
duty of care to performers
do everything in power for safe environment = negligent
negligence
conduct that falls below reasonable standard
leads to a breach of duty of care = foreseeable harm to another
3 examples of negligence
- not stopping play for injuries/weather issues
- not checking for nails/studs/jewellery/ contriban
- check pitch/facilities/equipment
Hillsborough disaster
reasons for…
ways to prevent….
differences today…
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
Smolden vs Whitworth and Nolan (1991)
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
Rory Mcilory and Oakley
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
Maria Sharapova example
failed a drugs test
lost major endorsement deals with: Nike, Ted Heuer and Porsche
Nike suspends $100 million deal