Law Case Study Essay
Nathan Bracken vs Cricket Australia Case
This case study will outline and discuss the lawsuit by Australian test cricketer Nathan Bracken against Cricket Australia for negligence which he believed ended his cricketing career prematurely. The following article is from the Australian newspaper on February 9, 2012.
Nathan Bracken sues Cricket Australia for $1 million over knee injury.
Former Australian Test seamer Nathan Bracken is suing Cricket Australia, alleging negligence for failing to adequately deal with a knee injury that "ruined" his career.
Bracken, who played five Tests and 116 one-day internationals for Australia, is arguing that Cricket Australia's doctors and lead physiotherapist cannot …show more content…
1. Area of Law that applies?
In the Nathan Bracken vs Cricket Australia case the area of law that applies is Civil law. This is because Nathan Bracken is trying to gain compensation and damages from Cricket Australia by suing them. It is not a criminal case as there was no breaking the law involved by either party and it is not sporting law as Nathan Bracken is retired and cannot be punished by the National cricketing body.
2. Relevant Act or Section
As this is a civil law matter, there is no specific relevant act or section that applies to this case, the judge or magistrate has to make a decision based on the facts and evidence that are presented before them and will not be required to use precedents of any kind
3. Standard of proof that needs to be met to find guilt?
In any civil law matter, the standard of proof is the balance of probabilities. This is a lower standard of proof then criminal law as there is it is seen to be not as serious as committing a crime. When the standard of proof is the balance of probabilities, the judge only needs to be 50 percent certain that an injustice has happened. In many civil cases the side that has more evidence is usually the side that is awarded victory.
4. The matters for consideration, these include the legal elements, facts and evidence
The legal elements essentially mean that what area