3.2.4.6 Sport and the Law

Question 1

sports law

Answer 1

laws, regulations, judicial decisions that govern sports and athletes who perform in them

Question 2

legislation

Answer 2

law or process of making enacting laws

Question 3

sports and the law

Answer 3

traditionally sport and law kept separate
interacted more recently
e.g. Duncan Ferguson Scotland 1995

Question 4

7 reasons performers need assistance from the law?

SOCCER

Answer 4

S - spectators attacking players
O- opponents being violent
C- contractual issues
C- compensated loss of earnings
E - equality issues (racism) (discrimination/inequality)
R - refereeing and coaching negligence (abuse)
(media)

Question 5

sport legislation in relation to performer?

Answer 5

law involved sport = deliberate act to harm someone
e.g. punch in football/dangerous tackles or biting

violent acts = time of work = loss of income or earnings = injury claim

Question 6

3 difficulties of athletes claiming for loss of earnings over injury?

Answer 6

1. deliberate & illegal
2. video evidence
3. injury = career ending todays medical technology

Question 7

Bosman Ruling (Jean Marc Bosman)

Answer 7

1995
automatic free transfer = leave end contract transfer fee (join another in final 6 months)
RFC Liege - Dunkirk
power to players - employees cant demand transfer fee or block transfer
(before = player license remain with club even after contract ended = unless released)

Question 8

performer contracts

examples

Answer 8

commercial aspects of sport
performers/sponsors contracts=fee for endorsement
breach = case against performer compensation
e.g. Oakley vs Rory Mcllroy (2012)
e.g. Rooney v Proactive sports management LTD

Question 9

match officials duty

Answer 9

duty of care to performers

do everything in power for safe environment = negligent

Question 10

negligence

Answer 10

conduct that falls below reasonable standard

leads to a breach of duty of care = foreseeable harm to another

Question 11

3 examples of negligence

Answer 11

1. not stopping play for injuries/weather issues
2. not checking for nails/studs/jewellery/ contriban
3. check pitch/facilities/equipment

Question 12

Hillsborough disaster
reasons for…
ways to prevent….
differences today…

Answer 12

reasons for disaster:
1. lack signing, wrong allocation of pens
2no counting/direct, limited no. of turnstiles 7 for 10,100
3delayed
4David Duckenfield = no experience in charge

preventing: safer venue/different, less tickets, more officials, signposts
today: seated (specific), more officials

Question 13

Smolden vs Whitworth and Nolan (1991)

Answer 13

Ben Smolden = left paralysed following scrum collapse in rugby
pursued damages from Whitworth and Nolan for negligence
Nolan failed to exercise reasonable cate and skill in preventing scrum collapse
20 scrums in 1 match = official didn’t follow guidance

Question 14

Rory Mcilory and Oakley

Answer 14

breached contract
signed mega deal with Nike
Oakley tried to use “right of first refusal” to match Nike offer = agent ignored offer
Oakley sued Rory and Nike

Question 15

Maria Sharapova example

Answer 15

failed a drugs test
lost major endorsement deals with: Nike, Ted Heuer and Porsche
Nike suspends $100 million deal

Question 16

sports coaches & their duty of care

4 uses of legislation by sports coaches

Answer 16

legal obligation to ensure safety and wellbeing of others athletes

1. health and safety
2. drugs and supplements
3. protection from abuse
4. duty of care

(warm up before competition & enough rest time)

Question 17

4 ways health and safety coaches duty of care:

Answer 17

1. first aid trained
2. check equipment = safe to use in training
3. possess a DBS/other child protection certificate
4. understand how to contact emergency services

Question 18

2 ways drugs and supplements coaches duty of care:

Answer 18

1. advertise athletes on legal nutritional supplements for performance enhancement
2. educate athletes on illegal methods of drug taking and directing them to appropriate guidance (risks)

e.g. UKADs 100% me programme

Question 19

e.g. Heider Krieger

Answer 19

coach = gave her ‘blue pills’ in addition to vitamins she takes regularly = first doping substance
doesnt know what called (not in original package)
coach said makes her perform well

Question 20

4 protection from abuse coaches duty of care

Answer 20

report signs of abuse

1. neglect
2. physical
3. emotional
4. sexual

e. g. Larry nassar
e. g. Mary Cain and nike

Question 21

duty of care (coaches duty)

6 ways

Answer 21

1. attendance
2. supervision ratios
3. first aid training
4. accurate contact/medical details
5. DBS checks
6. risk assessment (safe/effective drills)

Question 22

hooliganism

examples

Answer 22

hooliganism = act of vandalism and violence in public

e. g racist chants
e. g. trespassing onto pitch

Question 23

10 measures to overcome/control hooliganism

Answer 23

1. early kick offs
2. seated areas (family enclosures)
3. officials/policing/security
4. early closure pubs (alcohol consumptions) (derby games)
5. bans/fines/deterrents (tougher) (fine/prison)
6. CCTV increase = identify
7. educate through campaigns e.g. say no racism
8. segregation of fans
9. positive role models/reward teams and responsible media reporting
10. pressure gov into creating more laws

Question 24

fire safety and safety of place of sport act 1987

Answer 24

spectators safe in sports stadiums
regular checks/safety certificates/ capacity limites/ fire exits
fire security certificate/license needed, stands = fire proof

e.g. Bradford Stadium fire 1985 
56 killed (litter, wooden seats, locked exits)

Question 25

football spectators act 1989

Answer 25

banning order put on individuals = committed offences and act prevents them from attending sports events for certain period of time at home and abroad

Question 26

football offences act 1991

Answer 26

created 3 offences at football grounds

1. prevent throwing of missiles
2. chanting of racist remarks
3. trespassing onto fields of play

Question 27

occupier’s liability act 1957

Answer 27

occupier of land = certain duties with regard to safety of people who come on to land
fundamental law governing spectator safety at sporting events
“occupier”= charge of premises of premises = owes common duty of care to visitor = (invited/permitted)

Question 28

safety of sports grounds act 1975

Answer 28

act to protect safety of spectators when attending sports ground in UK (confirms if grounds are safe)

Question 29

sports events act (control of alcohol) 1985

Answer 29

control license and ultimately consumption of alcohol
ban possession of alcohol at match/journey to match
bans possession of alcohol at football match

Question 30

Bosman ruling

Answer 30

ruling by the European court of justice
gave a professional footballer right to a free transfer
at the end of their contract

Question 31

restraint of trade

Answer 31

action that interferes with free competition in market

involves a clause in contract which restricts persons right to carry out their profession

Question 32

damages

Answer 32

monetary compensation awarded by court
civil action to individual
proven they injured through wrongful conduct of another party

Question 33

in loco parentis

Answer 33

latin phrase
in the place of a parent
authority parents assign to another responsible adult who will be taking care of their child (sports coach)

Question 34

2 aims of spectators legislation

Answer 34

1. control hooliganism

2. keep spectators safe

Question 35

6 spectator legislation

Answer 35

1. Occupiers liability act (1957)
2. Safety of sports grounds acts (1975)
3. sporting events act/control of alcohol (1985)
4. Fire safety and safety of place of sport act (1987)
5. football spectators act (1989)
6. football offences act (1991)