Sport and the Law Flashcards
Identify reasons why sports performers might need protection from the law.
S - Spectators attacking players
O - Opponents being too violent
C - Contractual issues with sponsors
C - Contractual issues with employees
E - Equality of opportunity issues
R - Refereeing negligence.
Sports LAW
1 - NGB’s don’t like the fact they can’t self regulate their sports
2 - They like to set their own laws and be judge and jury
Common Law
1 - Protect people in society.
2 - Standard by which we all must follows
3 - Sports is now commercial and seen everywhere so it needs to set a good example.
Spectators attacking players
Legal action is being taken by performers against fans for any unacceptable behaviour such as running onto the pitch and attacking players as well as racist acts.
E.G - Leeds fan Aaron Crawley was jailed for 16 weeks for attacking Sheffield Wednesday player Chris Kirkland.
Opponents being too violent.
Individuals seeking legal redress or compensation for the loss of earnings just prove that they have suffered an actual injury as a result of a deliberate or harmful act of an opponent.
In order for civil claims against the person who committed the illegal act to be successful claims made by sports performers for injury or loss of earnings need to prove the act was outside the playing culture of the sport.
Issues relating to player violence are usually dealt with NGB’s.
Contractual disputes/issues with sponsors.
restraint of trade - Action that interferes with free competitions in a market. In sport, this might involve a clause in a contract which restricts a person’s right to carry out their profession.
Wayne Rooney’s legal dispute with proactive sports management went to court as they claimed they were owed commission. This meant Rooney did not have to pay them commission.
Contractual Disputes/ Issues with their clubs.
Performers are employees and as such should have the same employment rights as other workers. Their rights were greatly improved in 1995 by the Bosman Ruling.
Equality of opportunity issues.
Sexism in sport is unacceptable so many performers may feel the need to seek legal help and action for equal opportunities and the prevention of discrimination in the future.
Racism is very common inn sport today which is why legal action needs to be taken to try and stop it and stop it and help those who have been discriminated against.
Having laws put in place to help prevent discrimination of all types and having people who are willing to persecute those who endorse this discrimination is significant as it help promote quality.
Referring negligence
Negligence - Conduct that falls below a reasonable person standard and leads to a breach of the duty of care which results in foreseeable harm to another.
E.g - Smoldon vs Whiteworth and Nolan, a ref found liable for a serious injuries the claimant sustained following a scrum collapsing. It was found that the official was at fault due to the fact that he allowed a humber off scrums to collapse during the course of the fractious match.
What is the role of an official?
To keep all players safe and to do everything possible. If they do not do this they may be deemed as negligent if they allow play to happen.
What is negligence?
Conduct that falls below a ‘reasonable personal standard’ and leads to a breach of they duty of care, which results in foreseeable harm to another.
What is an example of negligence?
A referee in rugby can be found liable for serious injuries due to a scrum collapsing constantly without stopping it.
What is the duty of care and loco parentis?
Duty of care applied to coaches requires coaches to take such measures as are ‘reasonable’ in circumstances to ensure that individuals will be safe to participate in an activity.
What does Loco Parentis mean?
In Loco Parentis means ‘in place of a parent’. It is authority parents assign to another responsible adults who will be taking care of the child.
What are the five steps a coach should consider in order to demonstrate a reasonable standard in terms of legal duty of care to children and young people?
1 - Keeping up to date contact details, medical details, registers of attendance.
2 - Maintaining appropriate supervision ratios.
3 - Ensuring that first aid provision is available at the club.
4 - Ensuring that individuals regularly involved in coaching children for the activities being coached.
5 - Ensuring they have undertaken an appropriate rusk assessment for the activities being coached.