Sports law is relevant to the administration of sports and a person’s participation in sport whether they play at amateur, professional or international level.
The legal issues that arise from a sporting activity can involve aspects of contract law, torts, anti-discrimination, trade practice and criminal law
The most common procedure involves breaches of the rules of the game that are contrary to the principles of the game that are seen as being against the morals of sportsmanship. From this point this is able to be dealt with by the governing bodies through possibly being sent to a tribunal and then
Governing bodies
Most commonly it can be seen that parliament does not make law regarding sports as a result they leave the decision to …show more content…
A tribunal hearing is not expected to act as a court of law, but should conduct the hearing as quickly, informally and comprehensively as practicable.
It can be seen that not all tribunals are courts however in all cases are expected to resolve disputes in natural justice
Negligence in sport
People who sustain serious injuries while participating in sport or recreational activities may, in certain circumstances, sue their opponents or the organizers of the event under the law of negligence.
In order to achieve a successful case in regards to this they key ideas that must be proven are that
• The person who was negligent owed a duty of care to the person injured
• The duty of care was breached
• The breach of duty of care caused the loss or damage
• The plaintiff suffered harm if loss as a result
It can be seen in modern sport that more commonly when the activities may be seen as riskier or involve younger players or beginners then a greater duty of care may be owed. This is due to the fact these people may not have the skills or experience to be able to play sport in a safe way and must be supervised and …show more content…
As a result the court found that the sandbar was not a danger worth moving the flags for and in fact it may be seen as a safe area for people to swim
Finally in 2005 Swain appealed to the high
Battery in sport
Battery is a voluntary act by a person with the intention of causing contact with another person without their consent. Through this there is no need for them to prove the person intended to cause injury or harm
Battery is an act by a person possibly voluntary with the intent to involve in contact with another person without consent. With this there is no need for them to prove any intention
This is commonly seen in sport as a result of through sport people commonly consent to the dangers or playing sport such as baseball and hockey where you are able to be injured by the ball or the bats and sticks. However, through this battery would occur in an instance such as where there is a fight on a field which would involve and would have combined with assault and battery
In order to allow for battery to occur this must involve
• There must be direct contact with the body of the plaintiff by the defendant
• There must be intention to cause contact
• The act must be
The legal issues that arise from a sporting activity can involve aspects of contract law, torts, anti-discrimination, trade practice and criminal law
The most common procedure involves breaches of the rules of the game that are contrary to the principles of the game that are seen as being against the morals of sportsmanship. From this point this is able to be dealt with by the governing bodies through possibly being sent to a tribunal and then
Governing bodies
Most commonly it can be seen that parliament does not make law regarding sports as a result they leave the decision to …show more content…
A tribunal hearing is not expected to act as a court of law, but should conduct the hearing as quickly, informally and comprehensively as practicable.
It can be seen that not all tribunals are courts however in all cases are expected to resolve disputes in natural justice
Negligence in sport
People who sustain serious injuries while participating in sport or recreational activities may, in certain circumstances, sue their opponents or the organizers of the event under the law of negligence.
In order to achieve a successful case in regards to this they key ideas that must be proven are that
• The person who was negligent owed a duty of care to the person injured
• The duty of care was breached
• The breach of duty of care caused the loss or damage
• The plaintiff suffered harm if loss as a result
It can be seen in modern sport that more commonly when the activities may be seen as riskier or involve younger players or beginners then a greater duty of care may be owed. This is due to the fact these people may not have the skills or experience to be able to play sport in a safe way and must be supervised and …show more content…
As a result the court found that the sandbar was not a danger worth moving the flags for and in fact it may be seen as a safe area for people to swim
Finally in 2005 Swain appealed to the high
Battery in sport
Battery is a voluntary act by a person with the intention of causing contact with another person without their consent. Through this there is no need for them to prove the person intended to cause injury or harm
Battery is an act by a person possibly voluntary with the intent to involve in contact with another person without consent. With this there is no need for them to prove any intention
This is commonly seen in sport as a result of through sport people commonly consent to the dangers or playing sport such as baseball and hockey where you are able to be injured by the ball or the bats and sticks. However, through this battery would occur in an instance such as where there is a fight on a field which would involve and would have combined with assault and battery
In order to allow for battery to occur this must involve
• There must be direct contact with the body of the plaintiff by the defendant
• There must be intention to cause contact
• The act must be