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Book Cover
E-book
Author Thorpe, David

Title Sports Law
Edition 2nd ed
Published Sydney : Oxford University Press, 2013

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Description 1 online resource (724 pages)
Contents FOREWORD; CONTENTS; Table of Cases; Table of Statutes; Contributors; Acknowledgments; 1 INTRODUCTION; 'Sports law' or 'sport and law'?; A brief history of modern sport; The aim of this book; 2 ORGANISATIONAL STRUCTURE; Introduction; Functions of key institutions; Role of government; International organisation of sports: prominence of the IOC; The Court of Arbitration for Sport (CAS); Non-Olympic sports; Incorporated and unincorporated associations; 3 DOMESTIC DISCIPLINARY TRIBUNALS; Introduction; Characteristics of domestic disciplinary tribunals
Establishing the jurisdiction of a domestic tribunalNatural justice in tribunals; Appeals and review of the decisions of domestic tribunals; Deliberately misleading the tribunal; What does not have to be provided by a domestic tribunal; Tying it together: the Court and the Tribunal; Tribunals engaged in 'symbolic prosecution': the NRL and AFL; Can a guilty plea before a domestic tribunal provide evidence in a court of law?; 4 VIOLENCE; Introduction; Crimes of violence common to the sporting field; Defences to charges of sports violence; Liability and circumstantial factors
Where harm exceeds limit permissible in criminal lawTargeted harm and 'bounty hunting'; Prosecuting sporting assaults; 5 NEGLIGENCE AND CIVIL LIABILITY; Introduction; Part 1: The Civil Liability Acts and Sport; Duty of care: a common law foundation remains; Causation: s 5D; Dangerous recreational activities: no liability; An 'obvious risk' of a dangerous recreational activity; Not available if contradictory of a statutory mandate; The materialisation of an inherent risk; A presumption of awareness of obvious risks and volenti non fit injuria; Limiting liability: risk warnings and waivers
Waiver and exclusion in recreational activities: s 5N of the CLA (NSW)Protection for volunteers; Sport and the standard of care of professionals; No relief for intentional torts; The ruling in Dodge v Snell: Liability remains in 'dangerous' professional sport; Extending the exclusion to compulsory sport; Are employers in professional sport obligated to minimise the risk of harm?; Part 2: Particular Duty Relationships and Sports Negligence; Duty of care in non-dangerous recreational activities; 6 SPECIFIC TORTS, INSURANCE AND RISK MANAGEMENT; Introduction; The rules of sport
The intentional tortsInsurance; Conclusion; 7 CORRUPTION AND GAMBLING IN SPORT; Introduction; Two definitions; Criminal sanctions: general and specific; 'General' statutes applicable to sports corruption; The role of circumstantial evidence; Specific statutes directed at gambling and corruption; The prosecution of athletes who under-perform; Corruption and conspiracy; Internal remedies; Apprehended corruption; The question of proportional penalty; Corruption in horse racing; 8 DOPING; Introduction; History and evolution of doping law; Modern anti-doping law
Summary "Sports Law examines the various areas of law; including tort, criminal liability, contract, intellectual property, marketing, trade and competition, and the role they play in the world of Australian sport. The second edition explores topical cases, recent controversies and common interest stories in both Australian and international sport, and discussion questions throughout help students understand how the law operates in practice. Clear and engaging for a wide audience, Sports Law offers a comprehensive yet accessible analysis of the legal pitfalls faced by players, managers, administrators and supporters on and off the sporting field"--Publisher's summary
Analysis Australian
Notes Non-analytical positives and circumstantial evidence
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Sports -- Law and legislation -- Australia
Sports -- Law and legislation
Australia
Form Electronic book
Author Buti, Antonio
Davies, Chris
Fridman, Saul
Jonson, F. Paul
ISBN 9780195588279
0195588274