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