Home >
Law >
Sports Law >
Vicarious Liability in the Sports Industry

Vicarious Liability in the Sports Industry

Author: James Brown
Publisher: Routledge
ISBN: 9781032665849
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 740.87

HKD 718.64 Save HKD 22.23 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This timely book is the first to critically examine the doctrine of vicarious liability in the context of the sports industry.

Drawing on theoretical, empirical and interdisciplinary research, the book focuses on the close connection test at stage two of vicarious liability, highlighting how vicarious liability could be used to hold sports employers strictly liable for a wide range of on-the-field and off-the-field harms committed by their athletes. It considers the extent to which vicarious liability might be applied to clubs and sporting organisations for personal injuries and racial abuse suffered by participants during competition, and examines whether employers in the sports industry ought to be held vicariously liable for the sexual assault of young athletes and women away from the field.

This book is important reading for any student, researcher or practitioner interested in sports law, tort law, private law theory, socio-legal studies, jurisprudence, gender studies and sports ethics.

1. Introduction

Setting the Ground: Why Assess Vicarious Liability in Sport?

Why Vicarious Liability?

Why Sport?

Scope

Structure

2. Vicarious Liability for On-the-Field Acts: Personal Injuries

Introduction

The Negligence-Intentional Divide

Negligent On-the-Field Acts

Intentional On-the-Field Acts

Vicarious Liability and the Deterrence of Violent Play

Direct Liability: A More Suitable Cause of Action?

The Practicality of Deterrence

Vicarious Liability, Enterprise Liability and the Problem with ‘Playing Culture’

Abandoning Playing Culture

A Greater Role for Benefit Enterprise Liability

Distinguishing Consent and Risk

A Normative-Empirical Dichotomy

Potential Objections to a Normative-Empirical Dichotomy

Conclusion

3. Vicarious Liability for On-the-Field Acts: Responding to Racism

Introduction

Racial Abuse in Sport: Insights from Critical Race Theory

Interdisciplinarity and the Limits of ‘Legal’ Research

Enterprise Risk and Critical Race Theory

Vicarious Liability for On-the-Field Racism: Potential Causes of Action

Vicarious Liability for Common Law Torts: Negligence, the Rule in Wilkinson v Downton and Trespass to the Person

Statutory Vicarious Liability: Equality Act 2010

Common Law Vicarious Liability for Breach of a Statutory Duty: Protection from Harassment Act 1997

Time for a Sport-Specific Tort of Hate Speech?

Racial Slurs as a Civil Wrong: Discrimination or Harassment?

A Sport-Specific Remedy?

Conclusion

4. Vicarious Liability for Off-the-Field Acts: A Risk-Based Approach to Hazing and Sexual Assault

Introduction

Clarifying the Contours of the Risk-Based Analysis: Four Introductory Points

Sexual Abuse of Rookie Athletes

The Relevance of Masculinities Studies

Empirical Statistics and Jurisdictional Sensitivity

Sexual Assault of Women

The Relevance of Feminist Legal Theory

Further Considerations: Empirical Data and Methodological Issues

Conclusion

5. Vicarious Liability for Off-the-Field Acts: Role Models, Disrepute Clauses and Concluding Guidance

Introduction

The Futility of a Role Model-Based Approach

Disrepute Clauses and the Close Connection Test

The Practical Significance of Disrepute Clauses: Sport and Beyond

The Theoretical Significance of Disrepute Clauses: Benefit Enterprise Liability

Concluding Guidance

Physical or Non-Contact Sport

Team or Individual Sport

Popularity of the Sport

Tortfeasor’s On-Field Position

Type of Act

Benefit to the Employer

Applying the Guidance

Conclusion

6. Conclusion

Browse Books

Vicarious Liability in the Sports Industry

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

Browse Books

Vicarious Liability in the Sports Industry

Free delivery Hong Kong?

Details

You may also be interested in these books:

What Our Customers Say?

video title