The Treatment of Women and Men Sports Players Essay
Sport plays a major part in the culture of today’s society. Many people spend considerable time in front of the television, in sports grounds and traveling all over the country to support their respective club whether it be football, rugby, cricket or netball etc. However whilst playing, spectating or just generally being involved in a sport, things can go wrong and this very often results in an action in the civil or criminal courts.
Sporting incidents should be dealt with like any other civil or criminal action, however there is evidence this is not happening in many cases in both areas of law.
There can be several areas of civil law where …show more content…
In Caparo Industries v Dickman Lord Roskill commented that “it has now to be accepted that there is no simple formula or touchstone” in the formulation of the test for the existence of the duty of care. Phrases such as ‘foreseeability’, ‘proximity’, ‘neighbourhood’, ‘just and reasonable’, ‘fairness’, ‘voluntary acceptance of risk’ will be found in several different cases. But such phrases are not precise definitions. At best they are but labels or phrases descriptive of very different factual situations that arise in different cases, and they must be carefully examined in each case before it can be determined whether a duty of care exists and if so what is the scope of that duty. It was established in the case of Donahue v Stevenson. Liability for negligent conduct had previously been recognised only in certain carefully defined circumstances. Lord Atkin emphasised the need for a relationship of proximity between the parties in addition to the notion of foresight and reasonable contemplation of harm.
Once a claimant has shown that there is a duty of care it is necessary for them to prove that the defendant was in breach of