Sports law /

Sport plays a large part in modern Australian society and culture. As professionalism has developed, those involved with sport, be they players, managers, administrators or supporters, are increasingly looking to the law to protect their rights and resolve their problems. This textbook examines all...

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Main Authors: Thorpe, David E. (Author), Buti, Antonio. (Author), Davies, Chris, pravo. (Author), Jonson, Paul. (Author)
Format: Knjiga
Jezik:English
Izdano: South Melbourne, Victoria, Australia : Oxford University Press, 2017.
Izdaja:3rd ed.
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  • Intro; CONTENTS; Table of Cases; Table of Statutes; Contributors; Acknowledgments; 1 INTRODUCTION; 'Sports law' or 'sport and law'?; A brief history of modern sport; Organised activity; Professionalism; Commercialisation; Management; The aim of this book; 2 ORGANISATIONAL STRUCTURE AND GOVERNANCE; The construction of modern sport; Governance; Role of government; International governance of sports; Governance structures and processes; Structures; Unincorporated associations; Incorporated associations; Incorporation as a company; 3 SPORT TRIBUNALS; Forms and functions of sports tribunals
  • Section 1: Domestic disciplinary tribunalsEstablishing jurisdiction of a domestic tribunal; Natural justice in tribunals; Appeals and review of tribunal decisions; Section 2: Arbitration; Section 3: The Court of Arbitration for Sport; Section 4: Statutory tribunals in sport; 4 VIOLENCE; The offences of violence in sport; Crimes of violence common to the sporting field; Offences of actual bodily harm; Offences of grievous bodily harm; Defences to charges of sports violence; Liability and circumstantial factors; Nature of the sport; Safety rules and rules designed to prevent injury
  • Where harm exceeds limits permissible in criminal lawTargeted harm; Prosecuting sporting assaults; 5 NEGLIGENCE AND CIVIL LIABILITY; Negligence: Duty of care, breach and causation; Causation of harm; Mitigation and removal of negligent liability in sport; Dangerous recreational activity and professional sport; Extending the exclusion to compulsory sport; The materialisation of an inherent risk; A presumption of awareness of obvious risks and volenti non fit injuria; Removing duty of care through with risk warnings; Waiver of contractual duty of care in recreational activities
  • Contributory negligenceProtection for volunteers; Sport and the standard of care of professionals; No relief for intentional torts; Are employers in professional sport obligated to minimise the risk of harm?; Negligence, concussion and chronic traumatic encephalopathy; 6 COMMON LAW TORTS, INSURANCE AND RISK MANAGEMENT; Particular duty relationships and sports negligence; Specific torts and sport; The rules of sport; The intentional torts; Insurance and risk management; 7 CORRUPTION AND GAMBLING IN SPORT; Sports corruption and the law; Match fixing and spot fixing
  • Criminal sanctions: General and specificThe role of circumstantial evidence; Statutes directed at gambling and corruption; Prosecution of athletes who underperform; Corruption and conspiracy; Internal remedies; Apprehended corruption; The question of proportional penalty; Corruption in horse racing; Restraint of trade; The FIFA corruption conspiracy and the extraterritoriality of 'RICO'; 8 DOPING; The context of recent debate; History and evolution of doping law; Modern anti-doping law; Proof of doping; Right to a fair hearing; The Australian anti-doping regimen.