sport and the law Flashcards
completed
what has increased which means that there needs to be a stricter adherence to legal standards
professionalism and commercialisation
reasons why performers might need to get help from the law (7 +2 more)
spectator attacking players
opponents being “too violent”
contractual issues with sponsors
contractual issues with employers
equality of opportunity (racism)
refereeing negligence
protection from media intrusion into private life.
also consider:
drug testing
match fixing cases
what are civil claims
can be made by a player for injuries, loss of earning made against the person committing the illegal act
the be successful must show outside the playing culture of the sport ie must show intent, cant just be a tackle that caused injury. could be eg stamping on a leg and it breaks
explain violence on the pitch ie who deals with it
plus eg
generally dealt with by NGB but on occasions prosecution via the law are undertaken
eg duncan ferguson headbutted a player and received a jail sentence
explain how supports might require a performer to get legal support/get the law involved
running onto the pitch and assaulting a player results in prosecutions (jail)
what are contractual disputes
Law supports employment rights (like the Bosman Ruling – right to a free transfer at end of contract)
Not only is this with the clubs but also the sponsors and commercial contracts
what is negligence
when someone fails to take reasonable care for another person to avoid dangers that could cause them harm
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
in order to not be negligent what does the person need to do
do everything possible to keep participants safe
Officials have duty of care towards participants so they can participate in a safe environment
examples of when an official might be negligent
if they allow a match to be played on a frozen pitch
allowing a scrum to continue when it is clearly dominated by one team and there is a risk of injury for the other team, and this has been like this for the past 6 scrums in the game
what responsibilities does the coach have
duty of care: coaches to take measures as are ‘reasonable’ in the circumstances to ensure that individuals will be are to participate in the activity
health and safety
child protection (emo and phys abuse)
drug education
what can a coach do to maintain a reasonable standard of care (6 things)
Keeping up to date contact details
First aid
Supervision rates
DBS clearance
Risk assessments
eg of a coach not be negligent
seeing a spill of water on a basketball court and cleaning it up before letting the children play on it to avoid them slipping over and injuring themselves
Sports legislation and spectators (safety and hooliganism) what things have been put in place (7 things)
Removal of perimeter fences, all seater stadiums
Control of alcohol
Specified kick off times
Increase security, police, information gathering
Tougher deterrents – banning orders, fines, prison
Laws about pitch invasions (public order offences)
CCTV
what is the Occupiers’ liability Act reliable for
Occupier of premises owes a duty of care to the visitor
what is the Safety of Sports Grounds (1975)
reliable for
Covers all spectators, all grounds, in all sports
what is the Sporting Events (Control of Alcohol etc.) Act (1985) reliable for
Banning possession of alcohol at football match or on a journey to match
No alcohol sold in sports grounds during the match
what is the Fire safety and safety of place of sport act (1987) reliable for
Fire security licence needs to be gained for an event to happen
Stand made of fire proof materials
what is the The football spectators act (1989)
reliable for
Banning orders for individuals who have committed offences (home and abroad)
what is the The football offences act (1991)
reliable for
Making the following offences: throwing missiles, racist chanting, trespassing on field of play
order of crowd safety legislation (6 acts)
occupiers’ liability act
safety of sports grounds
sporting events (control of alcohol etc) act
fire safety and safety of place of sport act
football spectators act
football offences act
what is sports law
The laws, regulations and judicial decisions that govern sports and athletes who perform in them
what are damages
Individuals seeking legal redress and compensation for loss of earnings must prove that they have suffered actual injury as a result of deliberate harmful, reckless actions of an opponent
what is bosman ruling
A ruling by the European Court of justice which gave professional football player the right to a free transfer at the end of their contract
what is restraint on trade
Action that interferes with free competition in a market. In sport, this might involved a clause in a contract which restricts a person’s right to carry out their profession
what is duty of care
A legal obligation imposed on someone if they are responsible for a group of people
what is in loco parentis
a Latin phrase which means ‘in the place of a parent’. It is the authority parents assign to another responsible adult who will be taking care of their child (e.g. a sports coach at a sports club)
what is the duty of car applied to coaches
This requires coaches to take such measures as are ‘reasonable’ in the circumstances to ensure that individuals will be safe to participate in an activity
give an example of how a sporting official might be deemed to be negligent in the execution of their duties.
Examples of negligence linked to rugby officials:
Repeatedly allowing dangerous incidents to occur (e.g scrum collapses)
Failure to follow national governing body rules / guidelines in relation to safe procedures / practice
Failure in duty of care to a player (e.g. enforcing rules properly)
Identify the reasons why sports performers may need protection from the law during their careers?
Protection from foul play / violent acts of opponents (leading to compensation claims)
Protection from fans / violent spectators during a game
Protection from contractual issues with employers
Protection from contractual issues with sponsors / commercial deals
Protection from issues linked to equality of opportunity (e.g. racism from fans / opponents)
Appeals against NGBs decisions / disciplinary issues
Protection against negligence of poor referees
explain how the law aims to protect spectators from hooliganism at football matches (4)
Kick off times
Alcohol
All seater stadiums
Tougher deterrents
Trespass illegal
CCTV
Shared intelligence
Control of ticket sales (ticket touts)
identify the potential benefits of the law becoming more closely linked to the world of sport. (3)
Increased protection for players
Increase protection for spectators
Increased protection against officials and coaches failing in their duty of care
Anti-discriminatory protection
which situation would a performer need assistance from the law as a result on an incident occurring outside of competition
contractual issues
spectators attacking a player.
referee negligence
opponents being violent
contractual issues
