Sport and the Law :) Flashcards
sports law
laws, regulations and judicial decisions that govern sports and athletes
includes legal cases involving career ending injurys
damages
monetary compensation awarded in a civil action when proved an individual was injured due to wrongful conduct of another party
loss of earnings
claim made either due to injury or inequality issues
-women’s soccer team took action due to being paid four times less than male counterparts even though they generated more money
bosman ruling - 1995
ruling by european court of justice that football players can move to another club free of charge at the end of a contract within the eu
gave performers the same rights as employers
restraint of trade
action that interferes with free competition in a market
may involve a contract clause which restricts persons right to carry out their profession - wayne rooneys case against sport management company who claimed commission
why performers need protection from the law
- incase of a brand sueing them
- contractual discrepencies
- damages/injurys
- loss of earnings
negligence
conduct that falls below a reasonable person standard and leads to a breach of the duty of care which results in foreseeable harm in the future
duty of care
a legal obligation imposed on someone if they are responsible for a group of people
coaches duty of care
requires coaches to take reasonable measures to ensure individuals are safe to participate in an activity
coach - health and safety
should ensure first aid facilities are available
have the means to contact the emergency services
coach - protection from abuse
responsibility to protect children from all forms of abuse including;
- emotional (threatening or taunting)
- physical (being hit)
coach - supplements
legal and ethical responsibility to educate athletes on drug use and abuse
must provide advice on legal nutrition
coach - duty of care
- keeping up to date contact details and medical records
- maintaining appropriate supervision rates
- ensuring first aid is available
- ensuring everyone involved as current dbs clearance
- ensuring risk assessment has taken place
in loco parentis
authority parents assign to a responsible adult looking after their child
measures to ensure safety - football
- removal of fences and terraces
- control of alcohol sales near grounds as well as inside
- specified kick off times imposed by police (early mornings so less alcohol)
- increased security and police presence
- increased liaison between forces across the country
- tougher deterrents - bans, fines, imprisonments
occupiers liability act (1975)
-fundamental law governing safety of spectators
‘an occupier of a premises owes a common duty of care to its visitor. the occupier is in charge of the premises while the visitor has been invited onto it
safety of sports grounds act (1975)
‘protects all spectators and covers all grounds in sports’
control of alcohol act (198)
‘bans possession of alcohol at a football match or on the way to it. conditions placed on licensed premises cant sell alcohol during match either’
fire safety and safety of places of sport act
‘requires fire security certificate is obtained from the local authority. stands must be made of fire-proof materials and there are limits to number of people in each one
football spectators act (1989)
‘banning orders are placed on those who have committed offences’
the football offences act (1991)
created three offences at football grounds illegal
- throwing of missiles
- chanting of racist remarks
- trespassing onto the pitch
