Sports Law Flashcards
Tort
a private or civil wrong against a person, to property, or to one’s reputation - can be un/intentional
Most common in sport and recreation tort
assault and battery, defamation, invasion of privacy, negligence
Risk
the chance of injury to your members or participants, damage to your property or property of others which you may be responsible for, or other loss to your organization, directors, volunteers,
members, or to someone else
Risk management
reducing the chances of injury, damage or loss by taking steps to identify, measure, and control risks
Negligence
behaviour or action which falls below a reasonable standard of care
Four elements must be proven for negligence
Duty, the act, cause, damage
Duty
a relationship must exist between parties where there is a duty owed to protect or not expose a person to unreasonable risk of injury
The act
whether or not there is a breach of duty
Cause
the breach is the actual cause of the harm
Damage
the actual damage that has occured
Liability
when a person or organization is
responsible for the negligent conduct, which
often results in compensation - liability would most likely be a problem in
situations involving unreasonable risk
Doctrine of Respondeat Superior
an employer is liable for the negligence of an employee, not liable where employee acts outside the scope of their responsibility, gross negligence
Good samaritan laws
a citizen assists an injured party “out of the goodness of their heart” and not due to any duty of care owed
Governmental Immunity
Where some public institutions (schools, municipalities, etc.) are given immunity from certain negligent acts
Standard of care
An expectation that an individual will act according to the standards of a profession, determined by foreseeability: could a reasonable and prudent professional have foreseen the potential exposure to risk
